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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How does a part 36 offer in respect of agreeing legal fees

Customer Question

How does a part 36 offer in respect of agreeing legal fees work after an out of court settlement has been agreed and paid? My case was settled out od court in 2013 but we are still arguing about what % of fees the defendents will pay. Because my fees were on a no win no fee basis this obviously has serious affects on the enemtual amount that I might receive from my claim.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : A part 36 offer is usually for the claim only with costs to be assessed by the court if not agreed.
Alex Watts : because it was 2013 there may be an uplift on success fee depending on when the CFA and when settled.
Alex Watts : But the acceptance means the defendant pays the fees of the claimant
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-hs2n1whg- :

The settlement was agreed with costs to be agreed in June 2013. Unfortunately after 17 months the costs have not been agreed and the defendents, after discussions, have refused to increase their offer which is equivalent to approximately 18% of the total fees + VAT due. I believe that they are trying to use the system to try and reduce the substantial fees involved in the case. However, I would like to go straight to the cost judge to try and avoid furtherdelays

JACUSTOMER-hs2n1whg- :

The settlement was agreed with costs to be agreed in June 2013. Unfortunately after 17 months the costs have not been agreed and the defendents, after discussions, have refused to increase their offer which is equivalent to approximately 18% of the total fees + VAT due. I believe that they are trying to use the system to reduce the substantial fees involved in the case. A part 36 offer has been mentioned and I do not want to encourage this as I believe that our case is strong enough to go in front of a cost judge and should we offer to settle at say 50% the defendents will accept this.

JACUSTOMER-hs2n1whg- :

The settlement was agreed with costs to be agreed in June 2013. Unfortunately after 17 months the costs have not been agreed and the defendents, after discussions, have refused to increase their offer which is equivalent to approximately 18% of the total fees + VAT due. I believe that they are trying to use the system to reduce the substantial fees involved in the case. A part 36 offer has been mentioned and I do not want to encourage this as I believe that our case is strong enough to go in front of a cost judge and should we offer to settle at say 50% the defendents will accept this willingly. Unfortunately, the FCA agreement.

Alex Watts : You can ask that the costs are assessed by the court if not agreed.
Alex Watts : That will get the matter resolved.
Alex Watts : Does that help?
Alex Watts :

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