Kerry Underwood argues the case for day one Part 36 offers, in almost any instance 

Part 36 is a freestanding provision, described by the courts as a self-contained code, and to which ordinary common law principles such as mistake, estoppel and so on, do not apply.

A Part 36 offer can be made at any time in any case, although Part 36 has no application in the small claims track – see CPR 27.2(1)(g).

There are also special rules relating to personal injury matters in the portal process, but these do not prevent a day one liability offer.

The court must apply the costs consequences of Part 36 unless it would be unjust to do so and the court must take into account all of the circumstances of the case, including whether the offer was a genuine attempt to settle the proceedings (see CPR 36.17(5)(e)).<...

Kerry Underwood
Senior partner
Underwoods Solicitors

This article is part of a subscription-based access, to continue reading, please contact your library