Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

Consequences do follow. Early Part 36 pre-issue, not accepted in time. Proceedings are issued and the matter is listed. Go back and accept late and you pay standard basis costs - ie fixed post-listing costs because that's the stage you got to when you accepted the offer. Just like in pre-fixed costs days.

The only time consequences don't follow is if the Part 36 offer is made post listing and then accepted out of time.* But that's the point of Part 36 - it's supposed to encourage early settlement offers.

Indemnity costs should be left as the trial risk / poor behaviour backstop that they were intended to be.

*or indeed made and accepted out of time within any single stage. The fixed costs for each stage are intended to take you right through to the end of the stage however. So settle before the end of any particular stage (even through late acceptance of a P36) and in theory you've had a windfall of all of the fixed costs intended to take you through to the end of a stage even though you're not going to have to complete all of the steps relevant to that stage.

Your details

Cancel