A Part 36 offer provides a means of putting real pressure on an opponent to settle a case and, to some extent, of protecting our client's position on costs. If a defendant makes a Part 36 offer and the claimant does not accept it but at trial fails to obtain a judgment more advantageous than that offer, the claimant will usually suffer severe financial penalties. Likewise, if a claimant makes a Part 36 offer which is not accepted and the judgment against the defendant is at least as advantageous to the claimant as the proposals contained in their Part 36 offer, the defendant will usually suffer severe financial penalties.

1. A Part 36 offer is emailed to the offeree on Friday, 28 April at 4.50pm. The relevant period stated in the offer is 21 days. A trial date has not yet been fixed. What is the last day of the relevant period?
2. Can the court order an extension of the relevant period?
3. CPR, rule 36.14(6)(a) provides that unless the parties agree otherwise in writing, where a Part 36 offer that is or includes an offer to pay or accept a single sum of money is accepted, that sum must be paid to the claimant within 14 days of the date of acceptance. Can the court order an extension of this 14 day period?

Answer rating: 100% (QA)

The last day of the relevant period for the Part 36 offer would be 21 days from the date it was emai... View the full answer