Keeping The Woolf From Your Door - Part 7

Court's Management Powers
The court can hold a hearing by telephone or speak directly to legal representatives to find out what is happening on a particular case. The court can make orders on it's own initiative without a formal application being made but must thereafter either:

1. Hold a hearing to give the parties the opportunity to make representations and giving them 3 days notice of that hearing, or

2. Make a provisional order without hearing from the parties but the parties can then apply to vary or set aside any orders made.

In Small Claims cases the court can decide a case "on paper" without the need for a hearing.

Errors of procedure can be waived by the parties or by the court.

Part 36 Offers
These are offers to settle a case.

A Part 36 offer, (previously without prejudice/calderbank offer) may be made by any party. The party making the offer is the offeror and the party to whom it is made is the offeree. The offer must be in writing and can be made whether or not the claim is a claim for money.

For example, it might be an offer to settle for some other remedy other than money. It is made when the Part 36 Payment Notice is served on the Claimant.

Part 36 payments can be increased by serving a Notice of Increase.

Any Defendant wishing to withdraw or reduce the Part 36 payment must obtain the court's permission by making an application.

Part 36 Offers will be taken to include interest unless it is expressly stated otherwise. An offeree can apply to the court for a Clarification Order which is an Order requiring the offeror to clarify the terms of the Part 36 Order.

Part 36 Offers made more than 21 days before the start of the trial may be accepted within 21 days after it has been made without permission of the court.

However, Part 36 Offers made less than 21 days before the start of the trial cannot be accepted without the permission of the court unless the parties agree what the cost consequences of acceptance will be. If the court gives permission to accept the offer it will make an Order dealing with costs.

Where the claimants Part 36 offer is accepted without needing the permission of the court the claimant will be entitled to his / her costs of the proceedings up to the date upon which the Defendant serves the Notice of Acceptance.

If a Defendant is held to be liable for more than a Part 36 Offer made by a Claimant or the Judgment against the Defendant is more advantageous to the Claimant than the proposals contained in a Part 36 Offer the court can order interest on the whole or part of any sum of money awarded to the Claimant at a rate not exceeding 10% above base rate for some or all of the period starting with the latest date upon which the Defendant could have accepted the offer without needing the permission of the court.

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