Practitioners are familiar with the contents of CPR 36 – the requirements as to the form and content of a Claimant’s Part 36 offer (CPR 36.5), the costs consequences of acceptance of the offer by the Defendant (CPR 36.13) and the costs consequences of unaccepted offers following judgment (CPR 36.17).
The critical issue in relation to an unaccepted claimant’s offer at trial is then whether the judgment is “at least as advantageous to the claimant as the proposals contained in a claimant’s Part 36 offer.”
To read about the ways in which defendants can navigate these difficulties, click here to read the full article by Henry Webb.