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Settling your Case

You or your opponent can offer to "Settle" the case before it reaches court. Any discussions about settling the case will be "Without Prejudice". This means that you will not be bound by any agreement if you change your mind before you receive the money or before the court is told about the agreement.

Your opponent may make an offer by paying money into the court, this is known as a "Part 36" payment. You will be told when this payment has been made and you will then have a set time limit to accept or reject the payment.

If you accept the payment then your opponent must pay all your reasonable legal costs up to the date that they made the payment into court.

If you reject the offer and your case goes to trial and the judge allows you compensation more than the offer made by your opponent, then your opponent must pay all your reasonable costs.

If the court decides your compensation should be equal to or less than the amount your opponent paid in, then your opponent only has to pay your costs up to the date they made the payment. However, you will have to pay the remainder of your costs and your opponent's costs for the period after that.

You can also make an offer to settle, if this rejected by your opponent and at the trial you recover equal to or more than your offer the court can make your opponent not only pay your costs, but also pay interest on those costs.

The court expects you and your opponent to consider negotiation at all times to see if the case can be settled without a trial.

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