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FORMALITIES OF PART 36 OFFERS AND OTHER NOTICES UNDER THIS
PART
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| Cross-reference inserted in Para 1.1 w/e
from entry into force of s. 100 of Courts Act 2003 (which amends
s. 2 of Damages Act 1996) on 1 April 2005. |
1.2 |
Where a Part 36 offer, notice of acceptance or notice
of withdrawal or change of terms is to be served on a party who is legally
represented, the document to be served must be served on the legal
representative. |
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APPLICATION FOR PERMISSION TO WITHDRAW A PART 36 OFFER
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| 2.1 |
Rule 36.3(4) provides that before expiry of the
relevant period a Part 36 offer may only be withdrawn or its terms changed to
be less advantageous to the offeree with the permission of the court. |
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| 2.2 |
The permission of the court must be sought
– |
| | (1)
| by making an application under
Part 23, which must be dealt with by a judge other than the judge (if any)
allocated in advance to conduct the trial, unless the parties agree that such
judge may hear the application; |
|
| | (2)
| at a trial or other hearing,
provided that it is not to the trial judge or to the judge (if any) allocated
in advance to conduct the trial, unless the parties agree that such judge may
hear the application. |
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ACCEPTANCE OF A PART 36 OFFER
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| 3.1 |
Where a Part 36 offer is accepted in accordance with
rule 36.9(1) the notice of acceptance must be served on the offeror and filed
with the court where the case is proceeding. |
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| 3.2 |
Where the court's permission is required to accept a
Part 36 offer, the permission of the court must be sought – |
| | (1)
| by making an application under
Part 23, which must be dealt with by a judge other than the judge (if any)
allocated in advance to conduct the trial, unless the parties agree that such
judge may hear the application; |
|
| | (2)
| at a trial or other hearing,
provided that it is not to the trial judge or to the judge (if any) allocated
in advance to conduct the trial, unless the parties agree that such judge may
hear the application. |
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| 3.3 |
Where rule 36.9(3)(b) applies, the application for
permission to accept the offer must – |
| | (1)
| state |
| | (a)
| the net amount offered in
the Part 36 offer; |
|
| | (b)
| the deductible amounts
that had accrued at the date the offer was
made; |
|
| | (c)
| the deductible amounts
that have subsequently accrued;
and |
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|
| | (2)
| be accompanied by a copy of the
current certificate
. |
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Text omitted in paragraph 3.3(2) w/e from 1 October 2008,
Text substituted in paragraph 3.3(1)( b) and 3.3(i)(c) w/e from 1 October 2008. |
