Call us0333 370 4333
06/04/20

Part 36 Offers | Civil Disputes

Share

A Part 36 Offer is an offer which can be made by either party in civil proceedings as a tactical step designed to settle the dispute, thereby avoiding the incurrence of further costs.

Such an Offer is extremely technical in nature and requires extreme consideration and caution before offered or accepted.

Tim Thompson briefly comments upon a recently reported case to provide an insight into the operation of such an Offer.

The Circumstances

  • Judge Martin Bowdery QC recently handed down Judgment in a dispute involving landscaping works to the Claimants’ garden to their property in London

  • The Claimants proceeded with the assistance of a former neighbour, who was both a friend and an architect, and who recommended a landscaping company which provided a Quotation for the work which was accepted by the Claimants

  • In due course, the Claimants terminated their ‘contract’ with the landscaping company, as they were discontented with the endeavours of that company, and instructed other contractors to complete the project, which resulted in considerable extra cost to the Claimants

  • The Claimants commenced detailed civil proceedings seeking damages against their friend, the architect, in respect of alleged defective work that they claimed was her legally responsibility and, inter alia, included issues involving:

  1. The extent of the Defendant’s involvement
  2. Whether any, and if so what, contract had been entered into
  3. Whether the Defendant owed the Claimants a duty of care and, if so, what the nature and extent of that duty

  • A Trial was commenced and, importantly, three weeks in to that Trial, the Defendant submitted a Part 36 Offer which was rejected by the Claimants

  • The outcome of the Trial was that the Claimants failed in their claim against the Defendant

  • The Defendant applied for costs on what is known as an ‘indemnity ‘basis but the High Court ruled that costs be assessed on the ‘standard basis’

  • The practical effect of this Ruling was that the Defendant was faced with recovering from the Claimants  less than the full amount of the legal fees that she had incurred and she was faced with paying the balance out of her own pocket, even though she was victorious in the proceedings and had endeavoured to resolve the issue sensibly by presenting her Part 36 Offer

  • The Defendant appealed to the Court of Appeal which found that she had acted ‘sensibly and proportionately’ when submitting her Part 36 Offer unlike the Claimants who were ‘unreasonable beyond any doubt’ in not accepting that Offer

  • The Defendant was awarded the indemnity costs which she claimed and which recognised the powerful effect of serving a sensible and acceptable Part 36 Offer at the appropriate time

How Can We Help? | Kangs Civil Proceedings Solicitors

The Team at Kangs Solicitors conducts detailed disputes of all types in the Civil Courts throughout the country on a daily basis and is well versed in the tactical advantages attaching to Part 36 Offers.

If you require any assistance involving civil disputes of any nature please do not hesitate to speak to our team who will be happy to assist.

Stuart Kangs 0386 BW scaled e1690222007481

Stuart Southall

Email Stuart

0121 449 9888

020 7936 6396

0161 817 5020

Tim Kangs 0035 BW scaled e1690222566960

Tim Thompson

Email Tim

0121 449 9888

020 7936 6396

0161 817 5020

Nazaqat Kangs 0532 BW 1

Naz Maqsoom

Email Naz

0121 449 9888

020 7936 6396

ADR & Mediation, Commercial Disputes
When instructing a professional to carry out a particular specialised service, it is to be expected that such service will be conducted with a reasonable degree of care or skill. Professional negligence arises when a professional advisor, such as a doctor, dentist, lawyer, accountant or architect fails to perform the responsibility entrusted upon them to […]
27/03/25
ADR & Mediation, Commercial Disputes
Business defamation may be committed by way of libel, made in a permanent form, such as writing or broadcasting, or slander, which has no permanent record and may be made through a speech or gestures. In seeking to protect the reputation of both individuals and corporate bodies, the law imposes differing criteria to be proven […]
24/03/25
Civil Fraud, Commercial Disputes, Insolvency
‘Cross-Border Insolvency’ regulations seek to ensure fair treatment of creditors, maximise the value of assets and manage a company’s debts. They are essential for the management of assets and liabilities which may be spread across several borders and, as far as is possible, avoid legal conflicts. As nearly every country in the world engages in […]
20/03/25

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential. Please note do not accept legal aid instructions.
Old map of Birmingham