What Is A Part 36 Offer?  Understanding Part 36 Offers In Civil Cases

If you are involved in a civil legal case, you may be wondering, what is a Part 36 offer? It can be a very important moment in a legal matter, so let’s take a look at what it means.

A Part 36 offer is an offer made in legal proceedings to try and settle a claim. It refers to Part 36 of the Civil Procedure Rules which govern the way in which civil cases are conducted.

It is important to take expert legal advice if you have received an offer to settle a claim you are making as there can be serious implications in accepting, including in relation to payment of legal costs.

Similarly, if you do not accept a Part 36 offer and you fail to receive a better settlement at court, you would usually be required to pay the other side’s costs as well as your own.

For this reason, it is essential to have the guidance of a solicitor with expertise in the area of law in which your claim falls. At Solicitors Near Me, we connect clients with lawyers in a wide range of sectors, ensuring that you are represented by a genuine expert who can give you the guidance and advice you need.

We select solicitors who have a reputation of excellence in their field as well as the highest standards of client care. This means that as well as receiving the benefit of legal expertise in your case, you can be sure that your lawyer will be easy to contact and keep you up to date with progress.

Our solicitors include experts in commercial claims, contentious probate, personal injury, employment litigation, landlord and tenant disputes, professional negligence claims, family law and every other area of law that you might need help with.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

What Is A Part 36 Offer?

A Part 36 offer is an offer made by one side in a legal case to settle a claim. By way of example, if you have been involved in a car accident and your solicitor is making a claim against an insurance company on your behalf, the insurer may offer you a sum of money to settle your case. This is a common occurrence and avoids the need for a court case.

The offer is made on what is called a ‘without prejudice’ basis, meaning that if your case does go to court, the offer will not be seen by the judge until after a ruling has been made.

Part 36 offers are a negotiating tactic used by those facing claims. The amount offered will have been carefully considered. If you refuse a Part 36 offer but you are later awarded less money than was offered, you will usually be required to pay the other side’s legal costs from the date of the Part 36 offer onwards.

How Is A Part 36 Offer Made?

The Civil Procedure Rules state that a Part 36 offer must be made:

• In writing
• State that it is made pursuant to Part 36 of the Civil Procedure Rules
• Give a period of at least 21 days in which to accept the offer, during which the defendant will be liable for the claimant’s costs if the offer is accepted
• State whether the offer relates to the whole claim or part of the claim and whether it deals with any counterclaim that is being made

The offer can be made at any time, including before proceedings start.

Costs Liabilities Under Part 36 Offers

Legal costs when a Part 36 offer is made are dealt with in the following way, unless it would be unjust to do so:

• If the Part 36 offer is accepted within the timeframe set out in the offer, the claimant is entitled to recover their costs of the proceedings up until the date the offer is accepted
• If the offer is accepted after the deadline set out in the offer, the claimant can claim their costs up until the deadline and the other party is entitled to have their costs paid after this date, unless otherwise agreed between the parties
• If the claimant equals or beats the offer at trial, they are entitled to their costs up until the offer deadline, to be paid on the standard basis, and their costs from that date onwards paid on the indemnity basis, which is at the rate that their solicitor would have charged them and can be higher than the standard rate
• Interest on costs is paid at 10% above base rate
• Interest on the damages payment is payable at 10% above the base rate from the end date of the deadline to accept the offer
• If the claimant does not equal or beat the defendant’s offer, then they will be awarded their costs until the end of the deadline specified in the offer. After that date, the claimant will be required to pay the defendant’s costs plus interest.

A Part 36 offer remains open until and unless it is withdrawn by the party making the offer, usually the defendant in a case.

Should I Accept A Part 36 Offer?

Defendants and their solicitors are skilled at making carefully calculated Part 36 offers. Because there is a financial risk in turning down a Part 36 offer, claimants can feel pressured into accepting a lower offer than they might receive at court.

An expert claims solicitor will be able to advise you of the amount you might recover at court and whether you would be wise to accept the offer or not.

If you refuse the offer, you may receive a better offer, although this is not guaranteed.

Because the offer will remain on the table unless specifically withdrawn, you solicitor will review it periodically during your case to see whether you would be advised to accept it as the case progresses and developments occur.

Representation In Civil Claims

It is important to choose the right solicitor for your civil claim who will be able to put together a strong case on your behalf and negotiate robustly to secure the best possible outcome.

A lawyer with extensive experience will be able to assess an offer on your behalf and advise you of your options.

We can recommend outstanding solicitors across a full range of sectors with excellent reputations for securing the maximum levels of compensation for their clients.

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In this article we look at a Letter of Claim. So what is a letter of claim?

If you have received a letter of claim or you wish to make a claim yourself against someone, it is recommended that you speak to a legal expert to make sure your rights are protected.

Legal action can have far-reaching implications and it is important to understand from the outset what could happen.

The claims procedure is not always straightforward and by missing deadlines or not filing documents correctly, you could forfeit some of your rights.

An expert civil claims lawyer will be able to guide you through the process and ensure that your claim is presented or defended properly.

When Do You Use A Letter Of Claim?

Our letter of claim solicitors and civil claims experts deal with cases of all sizes and across a full range of issues, including:

• Breach of contract.
• Disputes over payment of debts.
• Neighbour disputes.
• Property disputes.
• Boundary disputes.
• Professional negligence claims.
• Landlord and tenant disputes.
• Wills and probate disputes.

Where To Find A Letter Of Claim Solicitor?

We offer solicitors in all parts of the UK, with specialist civil claims and letter of claim lawyers in England, Ireland, Northern Ireland, Scotland and Wales on our books.

How Much Does Our Service Cost?

We can match you with a local letter of claim solicitor free of charge. You can have an initial discussion with them with no obligation to instruct them. You will not be liable for any costs until you decide whether to ask them to represent you. Only once you engage them to be your solicitor will you agree to pay them for their services.

What Is A Letter Of Claim?

A letter of claim, also referred to as a letter before action, is the first step in bringing legal case against someone. It is an official warning that you intend to pursue your claim in court.

It should be tailored to the specific circumstances of your case, but will generally include the following information:

• Your name and address.
• A summary of the facts.
• Details of the claim you are making.
• A list of the debts owed, if appropriate.
• A set time in which the other party must respond, usually 14 days.
• Confirmation that you will commence court action if the other party does not respond within a set period of time.

Why Do I Need A Solicitor For A Letter Of Claim?

Bringing or defending a claim has to be done in a certain way, following the procedure known as the pre-action protocol.

If you do not properly follow this, then you could be penalised in due course, for example, when the court decides who will pay the legal costs of the case.

A solicitor will also be able to advise you of your best options in dealing with a claim. Our solicitors are very often able settle matters without the need for litigation.

Negotiation

By entering into correspondence with the other party and their legal representative, your solicitor will be able to set out your case and provide evidence to back this up. A strong claim or defence at an early stage can often prevent matters escalating.

Our solicitors always try to resolve issues without the need for litigation, which is usually a faster and more cost-effective method of dealing with legal disputes. A well-drafted letter of claim from the offices of a solicitor can often have the effect of focusing minds on resolving matters.

Alternative dispute resolution

Where negotiation does not work, you could consider alternative dispute resolution such as mediation. This involves sitting down with a trained neutral mediator who will work with both you and the other party to try and find an acceptable solution.

One of the advantages of mediation is that you will not have a result imposed upon you, unlike in court. Any resolution will be agreed upon by both you and the other party. It gives you a better level of control over what happens and avoids the need for an expensive court hearing.

Civil litigation

In some situations, it might not be possible to resolve a dispute by negotiation or by alternative dispute resolution. In this case, the letter of claim will need to be followed up with legal action. If you will be facing court, you are recommended to speak to a solicitor as soon as possible.

If you are bringing the action, your solicitor will draw up the letter of claim and then file your claim with the appropriate court on your behalf. If you have received a letter of claim, your solicitor can draft and file your defence.

They will compile the necessary evidence and deal with the disclosure of documents to the other side as required by law.

There may be a hearing to set out a timetable and other details of how the case will be dealt with. Your solicitor can represent you in this and arrange for you to have an expert by your side at the final hearing of your matter.

Do You Need Help Finding Solicitors Near Me To Help With A Letter Of Claim?

At Solicitors Near Me, we have a bank of handpicked solicitors who have the expertise to help. We can connect you with a lawyer who has the right level of experience for your case.

As well as being able to provide clear, honest advice, our solicitors have also been chosen for the outstanding level of service they offer. We know how important it is to have an expert on your side who is easy to contact, helpful and efficient and we have taken care to ensure that all of the lawyers we recommend will provide this.

To be connected to specialist Solicitors Near Me, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Letter Before Action – what is a letter before action?

If you are owed money by a debtor who has failed to pay your invoice, you may need to start legal action to recover it. The first step is to send a letter before action. Quite often, a letter before action drafted and sent by an expert debt recovery solicitor is enough to make the debtor pay, or at least enter into negotiations with you to work out an acceptable payment plan.

Why Do I Need To Send A Letter Before Action?

If you wish to pursue someone through the courts for outstanding money, you are required to follow a strict pre-action protocol.

If you do not, then you could lose out, for example, by not recovering your legal costs if you win your case.

Where your type of claim does not have a set pre-action protocol, you should follow the practice direction on pre-action conduct, which has a similar first step.

Before sending a letter before claim, you should go through any internal debt recovery process you have in place or, if you are an individual, make clear attempts to obtain payment.

This is an important part of the process and the court may need to see in due course that you have done all you can to recover the money owed before commencing legal action. This is because litigation is viewed by the courts as being a last resort.

What Is A Letter Before Action?

The pre-action protocol is intended to give both parties the chance to negotiate and avoid the need for a court hearing. A letter before action, also referred to as a pre-action protocol letter, is the first official step and sets out clearly for the debtor the following:

• Your name
• Your address
• A summary of the claim you are making and the facts involved
• A schedule of the amounts owed
• A time limit in which the recipient is required to respond, which should be at least 14 days if the debtor is a business and at least 30 days if the debtor is an individual
• Confirmation that you will be commencing court action if you do not receive payment

The letter should also refer to the documents that are being included by way of evidence in support of your claim.

While a letter before action is not part of the pre-action protocol for a debt owed by one business to another, it is still widely used in this situation.

Solicitors For A Letter Before Action?

We have solicitors on our books from across the UK and Ireland, including Letter Before Action lawyers in England, Ireland, Northern Ireland, Scotland and Wales.

How Much Does Our Service Cost?

Our service in matching you with a Letter Before Action solicitor is free. We will connect you with an expert in this area of law and you can have an initial conversation with them to see whether they will be able to help you. Once you instruct them to act for you, you will be liable for their costs. We do not make any charge to you for our service.

Why Do I Need A Solicitor For A Letter Before Action?

The letter before action will form an important part of your court documents, should the issue end up going before a judge, and for this reason, it is crucial to ensure that it contains all the necessary information and includes all relevant documentary evidence.

Instructing a legal expert in debt recovery means that you can be sure that your letter before claim is legally sound.

A letter from a solicitor is also more likely to prompt payment of the debt than a letter from the creditor, particularly where recovery has not been successful to date. It will be seen as an escalation of the attempts to obtain the money as well as notifying the debtor that you have engaged professional help in dealing with the recovery.

Letter Before Action Solicitors – Solicitors Near Me For Letter Before Action UK

Our letter before action solicitors can take on your debt recovery case for you, issuing a valid letter or claim before action and, should this not be enough to secure repayment, advise and represent you in the next steps in obtaining the money you are owed.

Letters before action issued by solicitors typically have a high success rate in prompting payment of outstanding debts, meaning any further legal action is unnecessary.

Solicitors Near Me Who Deal With Letter Before Action

We can put you in touch with a local solicitor who deals with letter before action and other debt recovery help and advice and ensure you are matched with an expert who will be able to represent you throughout your debt claim issue.

Our solicitors are hand-picked by us, taking into account the expertise they offer and the standard of service provided.

To be connected to a specialist letter before action solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.