Webinar Overview

Part 36 offers can be a powerful tool in personal injury litigation, but only when they are drafted, made and responded to correctly. A defective or ineffective offer can have significant costs consequences, while failing to recognise an opponent's mistake can mean missing an important opportunity to protect or improve a client's position.

This practical webinar will provide participants with a clear understanding of the importance of Part 36 offers and the requirements for making an effective offer. It will explore common drafting and procedural errors, including issues surrounding certainty, fixed costs and the accrual of interest on late acceptance.

The webinar will also consider situations where an offer may appear to be a Part 36 offer but does not satisfy the necessary requirements, together with the potential consequences of getting an offer wrong. Recent case law will be used to illustrate common pitfalls and demonstrate how Part 36 operates in practice for both Claimants and Defendants.

Participants will also consider what action can be taken where a Defendant has made an ineffective Part 36 offer, including when the court may have regard to Part 44 instead.

Learning Objectives

By the end of the webinar, participants should be able to:

• Explain the importance of Part 36 offers and understand their strategic role in personal injury litigation.

• Identify the requirements for making an effective Part 36 offer and apply them correctly in practice.

• Draft Part 36 offers with greater certainty, avoiding ambiguity and other issues that may affect their validity or effectiveness.

• Understand the treatment of interest, including the importance of making appropriate provision for the accrual of interest where a Defendant accepts an offer late.

• Identify when an apparent “Part 36 offer” may not constitute a valid Part 36 offer and understand the consequences.

• Recognise common errors in Part 36 offers, including errors concerning fixed costs and other procedural requirements.

• Assess the potential consequences of making an ineffective or defective offer, including the associated costs risks.

• Identify and respond to errors in a Defendant's Part 36 offer and consider how those errors may affect the Claimant's position.

• Understand the circumstances in which professional negligence may arise in connection with Part 36 offers.

• Consider whether Part 44 can be relied upon where an offer does not take effect under Part 36.

• Apply recent case law and practical guidance to identify and avoid common Part 36 pitfalls.

• Evaluate Part 36 offers strategically from both Claimant and Defendant perspectives, with a view to protecting costs positions and achieving the best possible outcome.