PART 36 E+WOFFERS TO SETTLE AND PAYMENTS INTO COURT

Valid from 30/04/2010

Costs consequences where claimant fails to do better than a Part 36 offer or a Part 36 payment E+W

36.20—(1) This rule applies where at trial a claimant—

(a) fails to better a Part 36 payment; or

(b) fails to obtain a judgment which is more advantageous than a [F1 defendant's] Part 36 offer.

(2) Unless it considers it unjust to do so, the court will order the claimant to pay any costs incurred by the defendant after the latest date on which the payment or offer could have been accepted without needing the permission of the court.

(Rule 36.11 sets out the time for acceptance of a defendant’s Part 36 offer or Part 36 payment)

Textual Amendments

F1 Word in rule 36.20(1)(b) inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 15

Commencement Information

I1 Rule 36.20 in force at 26.4.1999, see Signature