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A Practical Approach to Civil Procedure

A Practical Approach to Civil Procedure (23rd edn)

Stuart Sime
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date: 03 October 2022

p. 39536. Offers to Settlelocked

p. 39536. Offers to Settlelocked

  • Stuart SimeStuart SimeBPTC Course Director, The City Law School, City, University of London

Abstract

Part 36 of the Civil Procedure Rules 1998 (CPR) provides a means for a party to make a formal offer in settlement of the claim which will be treated as without prejudice for the purposes of liability and remedies, but which can be disclosed to the court on the question of costs. This chapter discusses offers to settle before the commencement of proceedings; making a Part 36 offer; acceptance of a Part 36 offer; rejections, counter-offers, and subsequent offers; withdrawal and amendment of Part 36 offers; failing to obtain judgment more advantageous than a Part 36 offer; advising on Part 36 offers; non-disclosure to judge; and Part 36 offers in appeals.

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