Guide to Compensation Claims
Part 36 Offers

In the world of personal injury compensation claims there is a situation that can occur called Part 36 Offers.

The Part refers to the Civil Procedure Rules that governs the way in which claims have to be conducted and instructed, and they are quite extensive and detailed in their format. Part 36 Offers can be conducted by either the claimant or the defendant.

An offer can be put forward to the opposing side and effectively lays down the official gauntlet for the other side to either accept or reject. The benefit of producing a Part 36 Offer is that your conditions are presented for the other side to make a decision on, if they refuse the offer and the case goes to court then either party then has to be prepared for the matter being decided by a judge which means it can concluded at a less or more than the original offer and of course there are then the dreaded court costs to be borne in mind.

Because of the administration and costs involved in taking a case to court, judges very often show disapproval that fair and justified offers were dismissed after a Part 36 Offer. If you are defending a claim then putting forward a Part 36 Offer is the best tactic in putting pressure on the claimant to make a decision as to whether to accept or refuse the same and go to court. The prospect of having to go to court is very often stressful for all parties involved and Part 36 Offers can a should be used and considered as a better alternative.

Note – Part 36 Offers cannot be made in Small Claims Track cases although no other restrictions exist in settling such a claim.

Personal Injury Compensation and Part 36 Offers It should be bourn in mind that due to the complexity and requirements of personal injury compensation claims then such matters should be dealt with by a qualified and professional personal injury lawyer.

Guide to Making a Part 36 Offer

• Offer must be made in writing
• The offer must be made under Part 36 CPR
• You intend the offer to have the consequences set out in CPR Part 36 Make it plainly clear as to whether the offer relates to all or part of the overall claim
• Whether the offer is to be paid in full or paid by interim payments
• That the party receiving the offer has at least 21 days to decide on their response, however the deadline must be indicated clearly
• An offer put forward cannot be withdrawn without court intervention during the initial 21 day consultation period

Claimants Part 36 Offers

It is quite rare but not unknown for claimants to put forward a Part 36 Offer simply because they are in the driving seat of being able to wait upon the defendant to make a suitable offer. However is more claimants indicated at the earliest stage what they are prepared to accept then it is without a doubt that more cases would settle at a much early stage.

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