Andrew Morgan explains why the onus remains on practitioners to "draft carefully, review regularly and react swiftly" when it comes to Part 36 Offers.
Recent case law underlines the importance of Part 36 Offers in a litigator's arsenal. These offers continue to operate within a rigid and prescriptive kingdom, where their powerful costs consequences can be deployed tactically against an opponent.
A Part 36 Offer must satisfy the formal requirements set out at CPR 36.5. Among other things, it must:
- be in writing
- state that it is intended to have the costs consequences set out in CPR 36
- specify a "relevant period" (of not less than 21 days) within which the defendant will be liable for the claimant's costs if the offer is accepted
- state (and detail) whether it relates to the whole or part of the claim, or an issue in it
- state whether it takes into account any counterclaim (the Part 36 Offer should, for good order, state that it does not take into account any counterclaim even if one does not exist)
Andrew Morgan appears in Solicitors Journal discussing Part 36 Offers.
Andrew is an associate solicitor in the trust and estate disputes team. Andrew acts for both claimants and defendants in relation to a range of disputes, including claims made pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 ('the 1975 Act'), domicile disputes, will challenges, will construction and rectification claims, claims concerning the beneficial ownership of property and trust, estate and administration issues.