Personal injury and most civil compensation claims can be settled without going to court under Part 36 of the Civil Procedures Rules.
In personal injury claims when an offer for compensation is made under Part 36, the amount should compensate you for the value of your injuries (called ‘general damages’) and any other financial losses you have suffered as a result of your injuries (‘special damages’).
A claimant or a defendant can make a Part 36 offer.
If one party does not accept a Part 36 offer, then the claim may go to court.
The party who rejected what the Court deems to be a ‘reasonable offer’ as they did not obtain a better outcome than the Part 36 Offer will typically be ordered to pay an additional liability, which can include:
If a claimant rejects a ‘reasonable offer’, the Court will often determine they have acted unreasonably, resulting in greater legal costs incurred whereby they should be liable for the additional legal costs.
If a defendant rejects an offer made by the Claimant, they may have to pay additional compensation to the Claimant plus legal costs.
A Part 36 offer can be made at any time before the Court makes a judgment. However, once a trial has commenced, the Court’s permission will need to be sought before a Part 36 offer can be accepted.
If you make a Part 36 offer as a claimant, it is important to ensure it is the right offer. An offer should only be made after all evidence to support your claim has been thoroughly analysed and assessed. It may not be in your interests to make an offer if the potential amount of compensation cannot be assessed, upon which our solicitors can advise you.
To be valid, an offer under Part 36 must be:
The party who made the Part 36 offer may require permission to change or withdraw an offer during the ‘relevant period’.
Once an offer is accepted, the Defendant has 14 days from the date of acceptance to pay the Claimant the settlement sum agreed in full.
You are free to negotiate a Part 36 offer. Making an alternative offer is an important aspect of Part 36 negotiation tactics.
If your counter-offer does not result in a settlement agreed, you still have the option to accept the original offer unless it has been withdrawn or it has expired. Our solicitors can advise you about the outcomes of accepting an offer and the merit in making a counter-offer.
An offer to settle under Part 36 is made ‘without prejudice’. This means that any communication between you and the other party to try and settle a dispute cannot be used as evidence in court except in rare circumstances.
Our solicitors are strategic negotiators who will seek the maximum amount of compensation for your injuries.
We have a thorough legal knowledge of Part 36 offers, and we will explain the likely outcomes so you can make informed decisions throughout negotiations.
