Question

On the subject of a part 36 offer:

context: I am considering offering a part 36 to settle outside of court. this is quite a serious case, and I would be the prosecution side, with a member of my family as the defendant. There is overwhelming evidence on my side, and it is essentially assured I would win this case in a court of law.

However, I have my future to think about, and would rather make an offer to settle for a monetary settlement. 2 questions:



1. it must specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs (the “Relevant Period”) (36.5(1)(c)) - what does this mean! - non legal jargon please. Break it down - a lot!

And if this is in context of law firm costs (which is what I'm kinda getting from online), is there a specific term I would need to include in the offer to negate this?


2. in lieu of actually presenting this offer - because of certain time restrictions and problems, I was along the mind of presenting this family member (alongside a lawyer of course) with the evidence and the charges I would pursue, and then the actual offer to settle. Would this not be a good way to do it? - I cannot seek legal advice as of yet, so am stuck on the web asking questions.


Also, this would be an abuse case, so is this a personal injury part 36 offer, or not ?

Answer 1

1. The "Relevant Period" refers to the timeframe specified in the part 36 offer during which the defendant would be responsible for paying the claimant's legal costs if they do not accept the offer and the case proceeds to court. It must be a minimum of 21 days. In simpler terms, it means that if the defendant rejects your offer and the case goes to court, they would have to cover your legal expenses for at least 21 days following the offer. This provision aims to encourage parties to consider settlement and incentivizes the defendant to accept a reasonable offer to avoid potentially higher costs later.

Regarding law firm costs, if you wish to exclude them from the part 36 offer, you can specify in the offer that it only covers the claimant's personal costs and does not include any costs related to legal representation by a law firm.

2. Presenting the evidence and charges to the family member, along with the offer to settle, can be a reasonable approach to initiate settlement discussions. It allows them to understand the strength of the case against them and the potential consequences of going to court. However, it is important to note that without legal advice, you may not have a complete understanding of the legal implications and potential outcomes. It is highly recommended to seek legal advice to ensure that your approach aligns with the appropriate legal procedures and to have a professional assess the specific details of your case.

In terms of whether it is a personal injury part 36 offer, it depends on the nature of the abuse case. Personal injury part 36 offers typically apply to cases where the claimant has suffered physical or psychological harm due to the defendant's actions. If your case involves personal injury as a result of the abuse, then it may fall under the personal injury category. However, if the case primarily involves other legal aspects, such as criminal charges or damages related to emotional distress, it may not strictly be classified as a personal injury part 36 offer. It is essential to consult with a legal professional to determine the appropriate category for your specific case.

Step-by-step explanation: