Latest Information

Part 36 Settlements

08/12/2009

All litigants are compelled to explore settlement as a means to conclude a dispute or a court case.

Part 36 offers are one of the most common modes of settlement in litigation and is the only recognised form of settlement within the Civil Procedure Rules 1998.

In the recent High Court case of Roop Sampla v Rushmoor Borough Council (1) and Crowley (2) [2008] EWHC 2616 (TCC), the Judge decided that Part 36 offers are capable of acceptance even after the offer had already been rejected.

Litigation Solicitor Stephen McArdle comments "This is a significant decision as it inevitably affords those in receipt of Part 36 offers greater flexibility to change their mind about their case as well as taking advantage of greater opportunities to settle".

"Those making Part 36 offers should always keep any offers made under constant review to ensure that it is pitched at the correct level because a validly made Part 36 offer will remain open for acceptance until a notice of withdrawal has been served".

For further information please see Accepting a Part 36 Offer following rejection or Part 36 Offers - Role Reversal

If you require advice or assistance in respect of the above or any other Litigation matter, please contact our Litigation team on 01204 527777.