On the subject of a part 36 offer:
context: I am considering offering a part 36 to settle outside of court. this is quite a serious case, and I would be the prosecution side, with a member of my family as the defendant. There is overwhelming evidence on my side, and it is essentially assured I would win this case in a court of law.
However, I have my future to think about, and would rather make an offer to settle for a monetary settlement. 2 questions:
1. it must specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs (the “Relevant Period”) (36.5(1)(c)) - what does this mean! - non legal jargon please. Break it down - a lot!
And if this is in context of law firm costs (which is what I'm kinda getting from online), is there a specific term I would need to include in the offer to negate this?
2. in lieu of actually presenting this offer - because of certain time restrictions and problems, I was along the mind of presenting this family member (alongside a legal rep. of course) with the evidence and the charges I would pursue, and then the actual offer to settle. Would this not be a good way to do it? - I cannot seek legal advice as of yet, so am stuck on the web asking questions.
Also, this would be an abuse case, so is this a personal injury part 26 offer, or not ?
1. "Relevant Period" refers to the period of time specified in the Part 36 offer within which the defendant is given a chance to accept the offer. This period must be at least 21 days and during this time, the defendant will be liable for the claimant's costs if they do not accept the offer. This means that if the defendant rejects the offer and the case goes to court, they will be responsible for paying the claimant's legal fees for the period from the end of the Relevant Period until the conclusion of the case.
If you want to negate the inclusion of law firm costs in your Part 36 offer, you can state that the offer is exclusive of these costs.
2. Presenting the evidence and charges to your family member, along with the Part 36 offer, could be a good way to settle the case outside of court. However, it's important to ensure that the offer is presented in writing and clearly sets out the terms and conditions of the settlement, including the Relevant Period.
This is not a personal injury Part 26 offer. Part 26 deals with the procedure for claims, and your case appears to fall under Part 36, which deals with settlement offers.
1. The "Relevant Period" refers to the time within which the defendant will be responsible for paying the claimant's costs if they reject the part 36 offer and the case goes to court. It is a minimum of 21 days but can be longer if specified in the offer. So, if the defendant does not accept your part 36 offer within this specified period, they may have to pay your legal costs.
If you want to exclude the defendant from being liable for your legal costs, you can include specific wording in the offer stating that the offer is made on the basis of "no order as to costs" or "each party to bear their own costs." This means that neither party would be responsible for paying the other's legal expenses, regardless of the outcome.
2. Presenting the evidence and charges to your family member, along with the offer to settle, could be a reasonable approach to reaching a resolution. It is essential to have legal representation present during these discussions to ensure that your rights and interests are protected. Even if you cannot seek legal advice at the moment, it would still be advisable to consult with a lawyer as soon as possible, as they can provide guidance and support tailored to your specific situation.
Regarding whether this is a personal injury part 26 offer, it is not clear from the information provided. Part 26 deals with case management and procedural rules, and it is possible that the abuse case you mentioned falls under other legal provisions. It is crucial to consult with a lawyer who specializes in the relevant area of law to determine the appropriate type of offer to make.