Property Patter: the basics of settlement offers
Settlement offers are often a sensible route for trying to settle disputes, not least because they offer flexibility which may be unavailable from a court judgment. Emma Humphreys and Samuel Lear are joined by Caroline Greenwell of our Commercial Dispute Resolution Team to discuss the differences between Calderbank offers and offers made under CPR Part 36 and the basics of how they work in practice.
|Part 36 offer for the whole claim, made at least 21 days before trial, is accepted (by claimant or defendant) within the relevant period.||
Claimant is entitled to the costs of the proceedings (including their recoverable pre-action costs), to be assessed on the standard basis if not agreed, up to the date of service of notice of acceptance.
|Part 36 offer for the whole claim, made at least 21 days before trial, is accepted (by claimant or defendant) after expiry of relevant period.||
If the parties cannot agree liability for costs, the court must, unless it considers it unjust, order that the claimant be awarded costs up to the date when relevant period expired and offeree do pay offeror's costs from expiry of relevant period to date of acceptance.
|Claimant beats defendant's offer, that is, claimant does not accept defendant's Part 36 offer and obtains a more advantageous judgment.||
Costs will be decided in the usual way (see CPR 44.2).
|Claimant fails to beat defendant's offer, that is, claimant does not accept defendant's Part 36 offer and fails to obtain a more advantageous judgment.||
Unless it considers it unjust to do so, the court must order the claimant to pay defendant's costs (including any recoverable pre-action costs) from date when relevant period expired and interest on those costs.
|Claimant equals or beats its own offer, that is, defendant does not accept Part 36 offer and claimant obtains a judgment that is equal to or more advantageous than offer.||
Unless it considers it unjust to do so, the court must order the defendant to pay the claimant's costs (including any recoverable pre-action costs) on the indemnity basis from the date the relevant period expired and:
|Claimant fails to equal or beat its own offer, that is, defendant rejects Part 36 offer and claimant obtains a less advantageous judgment.||
Costs will be decided in the usual way (see CPR 44.2).
Table Credit: Sydney Lee
Meet the team
Finance Bill 21/22: the implications for corporate taxpayers
The Finance Bill 2021-2022 was published yesterday. What impact will this have on corporate tax payers?
Property Patter: dealing with COVID-19 arrears and the future of commercial tenancy relationships
What are the government’s plans for dealing with pandemic arrears and commercial tenancy relationships?
Emma Preece writes for Property Week on complying with vacant possession conditions
The Court of Appeal recently grappled with the issue of vacant possession in Capitol Park Leeds Plc v Global Radio Services.
Jennifer Berritt and Lauren Kelly write for P3 Pharmacy on The Lease Code and looking for better lease terms
The Lease Code published by The Royal Institution of Chartered Surveyors took effect on 1 September 2020.
Property Patter: The Electronic Communications Code – what are the current issues with negotiating telecoms agreements?
We discuss some of the practical issues arising out of the Electronic Communications Code.
Northern Light: Illuminating IR35
Guy and Hugh take a look at the recent case of Northern Light Solutions Ltd v Revenue and Customs Comrs
The regulation of big tech: a changing tide?
Sonia takes a look at the two main areas where the UK is increasing the regulation of Big Tech in 2021
Joseph Green writes for Property Week on whether special-purpose vehicle leases can be used to avoid empty rates
A recent Supreme Court judgment clarified where the burden of paying empty rates should lie.
Weighing in on the importance of attention to detail in service cases
Rory looks at recent judgments that have emphasised the need to follow correct procedure when serving documents in court cases
Housing-with-care considered in first ever parliamentary debate
The first ever formal parliamentary debate into housing-with-care focussed on the effect of the Covid-19 pandemic on retirement communities
Noel Wardle wrote for Chemist & Druggist on the implications of the new Health and Care Bill mean for community pharmacy
The government has now published its proposed overhaul of health and care in England.
When does a claim "become known" under a contractual time bar clause?
Emma Preece quoted by Estate Gazette on the implications of the Court of Appeal's decision in Capitol Park Leeds v Global Radio Services
The Court of Appeal backed tenants in an unusual case about the condition in which tenants are obliged to return premises to landlords.
Rory Partridge writes for the Practical Law Dispute Resolution Blog on the importance of attention to detail in service cases
A recent string of judgments have emphasised the need to follow correct procedure when serving documents in court cases.
Q&A: Duval and consent for alterations
Q&A from a landlord and tenant on consent to carry out works in the light of the Supreme Court ruling in Duval.
Dispensation from consultation and major works
The Court of Appeal upheld the FTT judgement in Aster Communities v Chapman & Others, but what does this mean for landlords and tenants?
Property Patter: the whys and wherefores of receivership
What is a fixed charge receiver?
Force majeure and COVID-19: claims of the unexpected
John and Simon look at a force majeure claim arising out of the pandemic and the application of the Braganza duty.
John Sykes and Simon Heatley write for PLC Magazine on force majeure claims and the Braganza duty
A recent High Court decision offers an interesting analysis of a force majeure claim and the application of the Braganza duty.
Later Living: The rise of retirement villages
As the over 65 years population continues to rise and retirement living grows, what does this mean for lenders?