Tag: Settlement Advice

non-third-party-disclosure-orders-litigation-documents-delivery-litigation-london-solicitors Part 36 offer Part 36 consequences accept Part 36 offer reject Part 36 offer Part 36 offer costs Secondary Keywords: legal offer settlement offer civil procedure rules litigation costs indemnity costs Part 36 offer implications Part 36 offer strategy Part 36 offer advice

Making a Strategic Part 36 Offer in Litigation

Making a strategic Part 36 offer is a powerful tool in UK litigation. It provides a pressure for the other side to settle the dispute early, potentially saving both sides significant time and costs. By carefully calculating the offer and timing it correctly, you can increase the likelihood of a favourable settlement. If the offer is rejected and you ultimately win a better judgment, Part 36 offers significant financial advantages, including increased costs recovery, interest, and potentially a percentage of damages. Ultimately, a well-crafted Part 36 offer can strengthen your negotiating position and improve your overall chances of success in UK litigation.

The Need to Be Clear: Percy v Merriman White and Professional Negligence

In the recent case Percy v Merriman White and Mayall, the Court of Appeal clarified what must be proved by a contribution claimant to succeed in their contribution claim.

part 36 settlement offer litigation advice

Claimant’s Part 36 offer containing error for relevant period held to be compliant

In the High Court case of Essex County Council v UBB Waste (Essex) Ltd (No 3) [2020] EWHC 2387 (TCC), it was held that a Claimant’s Part 36 offer which failed to correctly set out the relevant period was still deemed compliant with Part 36 of the Civil Procedure Rules.