Please note that this information relates to Part 36 offers in Personal Injury and Medical Negligence claims.
What is a Part 36 offer?
A Part 36 Offer is an offer to try and settle a claim.
Who can make a Part 36 offer?
The offer can be made by either the Claimant (the person making the claim) or the Defendant (the person whom the claim is being made against) at any time within the duration of a claim and can be on the issue of liability or the valuation of the claim or both.
Any offers on the value of the claim are intended to be without any admission on liability. This means that when an offer to settle the claim is made, the party making it does not necessarily admit liability.
A Part 36 Offer can be accepted within 21 days of it being made. However, after 21 days the party making the offer does have the right to withdraw the offer and proceedings will continue as if the Part 36 offer was never made.
Part 36 Offers are intended to put pressure on a party to accept a settlement and there are cost consequences arising from this.
In particular, if the offer is rejected but you then fail to beat the offer at a later trial or settlement, you would be responsible for the other party’s costs from the date of when you could have accepted the offer (i.e. after the expiry of the 21 days) up until settlement of the claim. This means that your compensation is likely to be swallowed up by legal costs.
However, if you beat the offer then the other side will be responsible for all of your costs.
Deciding whether or not to accept a Part 36 offer
It is important a Part 36 Offer is considered carefully when it has been made by another party.
Read more about Part 36 offers
To find out more and to determine what may happen during the course of a Part 36 offer, please visit our comprehensive guide.
If you have suffered a significant physical or psychological injury due to medical negligence, contact a member of our team for a free initial consultation on 0800 085 3295. Alternatively, contact us with details of your potential claim by email at firstname.lastname@example.org.Find out more about our Medical Negligence department Find out more about our Personal Injury department