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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Sorry just thought of this. Could I re-word the Part 36

Resolved Question:

Sorry just thought of this.
Could I re-word the Part 36 as this (change is in clause 5):
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 with request a ‘Tomlin Order’ for the full amount of the initial claim which the Defendants will agree to.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thanks for asking for me.

Alex Watts :

Well the Part 36 as a whole should be dealt with as a Tomlin Order.

Alex Watts :

Therefore you can make an offer and suggest that it is deal with and formatted in a Tomlin order

Alex Watts :

So whilst you can put the general offer as a Part 36, practically it would probably be a Tomlin Order

Alex Watts :

Does that help?

Customer:

Um think so. Do I still call it a Part 36, and does it have the same type of protection against their costs.

Alex Watts :

Yes I would call it a Part 36

Alex Watts :

And it would have the same protection

Alex Watts :

Does that clarify?

Customer:

Thanks Alex, as usual you are very helpful. Hope you are having a good day xx

Alex Watts :

Great. Please remember for future questions start for Alex W so I can pick them up

Alex Watts :

Otherwise someone else might

Alex Watts :

Please remember to rate as always - thanks!

Customer:

Will do xxxx

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