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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am the claimant in a case and I am preparing a Part 36 Offer

Resolved Question:

I am the claimant in a case and I am preparing a Part 36 Offer to the Defendants.
The case concerns the defendants stealing my business.
The claim also covers Defamation/Liable i.e. damage being done to my professional reputation (they told my customers I have sold them the business and that I had done a bunk with the customers monies and had no intention of completing the work that I had been paid for - complete lie)
Can I put these clauses in the Part 36 offer : -
TERMS OF THE OFFER
The claimant is willing to settle the whole of the claim on the following basis:-
1. The Defendants pay to the claimant within 14 days of accepting this offer the sum of £50,000.
2. The Defendants supply to the Claimant, within 14 days of accepting this offer a letter fully detailing that they do not, nor ever have had, an agreement with the Claimant, or her husband, with regards ***** ***** Printers and that they have never had permission to use the claimants items to produce menus or contact customers.
3. The Defendants confirm that they will never contact any of the Claimants customers again, and will refrain from completing any printing for any of those customers, for a period of no less than 3 years. Should the customers contact any of them then they will advise them of the agreement and cease all business contact with that customer.
4. The Defendants will not start/continue any counterclaim against the Claimant for any matter that has been raised during the existence of this claim.
5. Should any of the above terms be found to be breached then the claimant will request that the court will enter summary judgement against each and every defendant, which the defendants will not defend.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes

Alex Watts :

You can put whatever terms you want to in a Part 36 offer.

Alex Watts :

So you can put these 5 terms.

Alex Watts :

However - this is not a Part 36 offer as such

Alex Watts :

This is a Tomlin Order.

Alex Watts :

If a Part 36 offer is accepted then that is the end of the matter the case is settled.

Alex Watts :

if you want a Tomlin Order so you can enter Judgment then it can be worded as that.

Alex Watts :

Then if they do breach it, there is liberty to apply to enforce ie enter Judgment

Alex Watts :

So whilst 1-4 is a Part 36, clause 5 is not

Alex Watts :

This needs to be in the form of a Tomlin Order

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, thank you that is great. Hope you are having a good day

Ash and 3 other Law Specialists are ready to help you