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ARTICLE · 23 JANUARY 2019

Part 36 Offers: Should I Make A Part 36 Or A Different Type Of Settlement Offer? Practical Tips From 4 New Square

4 New Square Chambers
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Hannah Daly and Stephen Innes of 4 New Square consider the pros and cons of different types of settlement offers, following a decision on claimants' Part 36 offers in JLE v Warrington & Halton Hospitals NHS.

United KingdomLitigation, Mediation & Arbitration
Stephen Innes
Stephen Innes
Hannah Daly
Hannah Daly

Hannah Daly and Stephen Innes of 4 New Square consider the pros and cons of different types of settlement offers, following a decision on claimants' Part 36 offers in JLE v Warrington & Halton Hospitals NHS.

We are often asked by professional and lay clients to advise on making settlement offers. The level of the offer may be crucial, but so too will be the type of offer.

Why make an offer?

At the outset, it is helpful to have clearly in mind that there are two distinct purposes for making an offer:

  1. to achieve a settlement and resolve the matter, and
  2. to obtain costs protection in the event that the offer is not accepted.

Some offers will be made with both purposes equally in mind, and there must always be some overlap – you may be aiming solely for costs protection, but you need to be sure that you can live with the offer being unexpectedly accepted.

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