This episode, presented by Bill Barton of Barton Legal, discusses Part 36 offers in civil litigation and how they’re designed to encourage early dispute resolution. 

In this Barton Bitesize episode, Bill explains:

• What Part 36 offers are: distinct settlement offers designed to encourage early dispute resolution.
• The requirements for a valid offer: A Part 36 offer must be in writing, clearly state it's made pursuant to Part 36, specify a "relevant period" of at least 21 days for acceptance, and clarify if it relates to the whole or part of a claim and any counterclaims. It must also be a genuine attempt to settle.
• The standard position on costs: Generally, the loser pays the winner's costs on a "standard basis," typically covering 65-70% of total costs.
• Indemnity basis costs: The court can award costs on a harsher "indemnity basis," often used to punish poor conduct, where doubts about reasonable costs are resolved in favour of the receiving party.
• The consequences of Part 36 offers: He breaks down the different outcomes, including acceptance within the relevant period, defendant's offer rejected, and claimant's offer rejected.
• Court's discretion: The penalties outlined must be imposed unless the court deems it unjust, for example, if parties had limited information when the offer was made or if the offer wasn't a genuine attempt to settle.

Bill emphasises that Part 36 is a complex and technical area of civil procedure rules and encourages viewers to contact Barton Legal for more information or advice regarding Part 36 offers.

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