Let me explain part 36 offer.
It relates to Civil Procedure Rules part 36.
A part 36 offer has to be in the particular format and even solicitors were getting wrong so the government kindly produced this totally compliant form:
The effect of a 36 offer is that if a Claimant refuses what is in the offer and proceeds blindly to court and fails to BEAT the offer, then the Claimant pays all the legal costs from the date of the offer including the defendants costs of the trial and of course their own costs. Bearing in mind that the big costs are at trial a Part 36 offer is a good incentive to settle.
It’s easy to get round the valuation by simply getting three agents to come round and give estimates of how much it would sell for.
I’m sorry to say that part 36 is a ransom. Well having said that it’s not so much a ransom as a powerful incentive to come to a settlement. The idea is to stop people being greedy just blindly going to court.
What you have to consider is whether, realistically, you are going to beat the offer because if you don’t, it’s going to be expensive.
You can always make a part 36 counter offer but a claimant’s part 36 offer is not as powerful as a Defendant part 36 offer but it still has the same effect.
Thank you for letting me assist you with your legal question. I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have