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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6750
Experience:  Solicitor
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I am the paying party following a boundary dispute. I want

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I am the paying party following a boundary dispute. I want to make a Part 36 offer to protect my position for a detailed assessment hearing but I'm confused. My understanding is that I must make an offer that would be better than the other party would receive but that offer should exclude costs. I really want to make an offer they can accept as I want the whole thing to end. I can work out what offer the other side, who were LIP, might get after a detailed assessment on what they actually incurred for the civil proceedings. BUT, I'm confusing myself about the costs. Should I also make an offer for the costs of the costs process up to this point or are they excluded? If the other side accept my offer then how are the costs, that have been excluded, then decided?
My case is more complicated as the other side included costs in their claim, which was provisionally assessed, to which they were not entitled. This was only clarified by an order that followed the provisional assessment, although I had made my case that they had been included from the start. The other side were ordered to remove these by a certain date. They have removed a few but not all that they should have done. In act there is a whole section of costs they have failed to even consider.
To complicate things even further the other side received an interim payment 18 months ago that exceeds the amount of their provisional assessment if you remove costs within their claim...and this is before costs to which they were not entitled are removed. I already have a small wasted costs order against them also.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 1 year ago.
I'd like the help please if possible, I can wait...for a day or two, perhaps I might have to think again if still no one to answer my question. Thank you.
We will continue to look for a Professional to assist you.
Thank you for your patience,

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

What cost part are you stuck with please?

Customer: replied 1 year ago.
I want to make a Part 36 offer to try and get a settlement, I just need to understand how to do this successfully and what is included and what is excluded. What is it important to write in an offer to ensure it complies etc
Customer: replied 1 year ago.
I'm confused. I am getting contradictory information. Firstly that I am being passed on to a different expert but then the first expert offering me a phone call. I am in France at the moment, would that affect a phone call option?

No, a phone call can still happen. Some customers prefer this.

Do you know the principal sum, excluding costs you want to make an offer for?

Customer: replied 1 year ago.
Their provisional assessment, excluding costs, was £9800. This included costs they were not entitled to claim. They were Ordered to remove these. they have done only in part which reduces the amount to £9500. My estimate is the best they could get for their entitlement is £6500. They owe me wasted costs of £300 and already have received an interim payment of £10,000 (18 months ago). Their costs of the assessment so far are about £3000. A detailed assessment hearing is the next step, a whole day! I want to try and finish this before that, but do not want to find myself paying their costs.

A part 36 must contain the following:

1) say its a part 36 offer (remember to head without prejudice save as to costs)

2) List the offer

3) Say it is open for 21 days and intended to have the cost consequences of Part 36

So you can make a part 36 offer on a global sum, to have interim payments, if any deducted.
Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
If they accept my offer they owe me money in return. How then is this ordered, do i receive interest and how are costs decided?

They accept. Then that part of the matter is settled. Costs are then assessed by the Court or agreed between the parties.

Interest, if pleaded, is usually around 2% or so, given the bank of England base rate of 0.25%. You can plead up to 8% but you wont get that.

Does that help?

Customer: replied 1 year ago.
Can you give me an example how you would phrase a 'global sum' offer? I'm not sure I understand properly. Do I have to specify the offer would require them to return money to me, still pay wasted costs etc?

You just say: I offer the global sum of £xxxxxxxx

Yes you would say that it requires the return of money etc.

You just make it clear what you want out of it.

Set it out line by line.

1) I offer to settle for the sum of £

2) You return the money to you

3) Pay wasted costs

Does that clarify?

Customer: replied 1 year ago.
thank you. I do not hold out much hope but I can but try. As the detailed assessment is technically by my request, do I have to put bundles together or does the Court use the points of dispute and replies...and do they use the provisional assessment as a starting point or does it all go back to the original bill?
I only realised the area of the bill they have failed to address (failed to remove costs they have no claim for) after I filed my Points of Dispute. Should I raise this immediately or let them drop themselves in it at the assessment?

You dont need to put the bundles together unless ordered.

But the Court will look at the points of dispute and replies.

The Court then goes through to see whether each item was reasonable and proportionate.

I would keep quiet on those points.

Does that clarify for you?

Customer: replied 1 year ago.
you've been really helpful. I find this very stressful and I just want it over! Thank you

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6750
Experience: Solicitor
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