Settlement Offers - Radcliffe Chambers

Part 36 – A refresher• A part 36 offer carries automatic costs consequences.• It must specify a period of 21 days or longer when it can beaccepted(‘relevant period’)• If offer is accepted D pays C’s costs to date, except where Cmakes a late acceptance of D’s offer, where D gets costsfrom expiry of the relevant period• If D beats his own offer at trial, it will get its costs from expiry ofthe relevant period and interest on them• If C beats its own offer at trial, it will get its costs on theindemnity basis from the expiry of the relevant period, intereston those at up to 10% above base rate, plus enhancedinterest on any sum awarded from the end of the relevantperiod• “beat” means getting a judgment “more advantageous”,and if it’s all about money, it means by any amount3Natalie Brown – Settlement Offers – 26 th February 2013