Dominic Regan’s exclusive Pt 36 survival guide
- The golden rule is this. Record every single offer you make or receive, no matter whether the claim is issued or not. Have this accessible at all times. Check it when and if there is a significant development which might have an impact upon the value of the claim. This principle applies equally to claimants and defendants; Pt 36 refers only to offferor and offereee, which either side could be in a given case. The reason is that a Pt 36 offer can be accepted at anytime until the trial has started. There is no time limit which precludes acceptance and so one can take an offer made weeks, months or years ago. Belated acceptance is no concern of the court. Indeed, the judiciary is keen to see matters settle and the enduring nature of a Pt 36 proposal enables this to occur.
- Problems and potential negligence claims most commonly arise where an offer has been made and overlooked.
