F1PART 36OFFERS TO SETTLE

Annotations:
Amendments (Textual)

SECTION IPart 36 Offers to Settle

PERSONAL INJURY CLAIMS

Offer to settle a claim for provisional damages36.19

1

An offeror may make a Part 36 offer in respect of a claim which includes a claim for provisional damages.

2

Where the offeror does so, the Part 36 offer must specify whether or not the offeror is proposing that the settlement shall include an award of provisional damages.

3

Where the offeror is offering to agree to the making of an award of provisional damages, the Part 36 offer must also state—

a

that the sum offered is in satisfaction of the claim for damages on the assumption that the injured person will not develop the disease or suffer the type of deterioration specified in the offer;

b

that the offer is subject to the condition that the claimant must make any claim for further damages within a limited period; and

c

what that period is.

4

Rule 36.6 applies to the extent that a Part 36 offer by a defendant includes an offer to agree to the making of an award of provisional damages.

5

If the offeree accepts the Part 36 offer, the claimant must, within 7 days of the date of acceptance, apply to the court for an award of provisional damages under rule 41.2.