Hi Martin3030, thanks not disagreeing. Do you agree that that it would be wise to be taking control by formalising an offer under Part 36 though?

Potential defendants should consider making a counter offer to settle as soon as they are in a position to properly evaluate the potential claim. If the offer to settle is formally made under CPR Part 36 the threat of the claimant potentially being liable for the defendant's costs from the latest date that the pre-action offer could have been accepted if the claimant subsequently fails to beat the defendant's pre-action offer at trial should concentrate the potential claimant's mind on resolving g the dispute sooner rather than later. Under CPR Part 36 the potential defendant will need to balance this against the fact that once proceedings have commenced, his pre-action offer will have to be backed up with a payment into court within 14 days if it relates to a money claim and he may be deprived of funds for a long period. If the claimant is threatening court you should make your offer under CPR 36.10, if the claimant has already issued proceedings you should make your offer under CPR 36.5. Note,in circumstances where the defendant finds it difficult to make a formal Part 36 payment because of a lack of resources, he may only be able to afford to make an order by way of instalments. The court should be prepared to take such an offer into account notwithstanding that it should normally have been backed up by a Part 36 payment into court.