Time for acceptance of a defendant’s Part 36 offer or Part 36 paymentE+W
36.11—(1) A claimant may accept a Part 36 offer or a Part 36 payment made not less than 21 days before the start of the trial without needing the court’s permission if he gives the defendant written notice of acceptance not later than 21 days after the offer or payment was made.
(Rule 36.13 sets out the costs consequences of accepting a defendant’s offer or payment without needing the permission of the court)
(2) If—
(a)a defendant’s Part 36 offer or Part 36 payment is made less than 21 days before the start of the trial; or
(b)the claimant does not accept it within the period specified in paragraph (1)—
(i)if the parties agree the liability for costs, the claimant may accept the offer or payment without needing the permission of the court;
(ii)if the parties do not agree the liability for costs the claimant may only accept the offer or payment with the permission of the court.
(3) Where the permission of the court is needed under paragraph (2) the court will, if it gives permission, make an order as to costs.
Commencement Information
I1Rule 36.11 in force at 26.4.1999, see Signature