6 January 2009 01:50

Court rules – changes to Part 36 Offers to settle

As of 6th April 2007 the rules relating to offers to settle under CPR Part 36 change so that when a defendant make a Part 36 offer to settle it is not a requirement to make a payment of that amount into court as is required at the current time.

This means that Part 36 offers now come more into line with the requirements of a calderbank offer under the Arbitration Laws.  However the rules now state that once the offer has been accepted, payment has to be made within 14 days of the date of acceptance failing which the claimant can go ahead and enter judgment for that amount.

With this tightening up of the rules, this may mean more claims going to litigation rather than arbitration.

© Silver Shemmings LLP, 18 Westminster Palace Gardens, Artillery Row, London, SW1P 1RJ

Regulated by the Solicitors Regulation Authority, and the Law Society,
A list of memebers is available at the registered office
Registered Office: Highcroft, 79 Station Road, Amersham, Bucks HP7 0AT

Registrations No.: OC306521

site map - terms & conditions