Part 36 offer

[bluetack]

Hi all,

This is just a quick post to see if anyone knows anything about Part 36 offers to settle a clinical negligence claim?

[AndyOrch]

Part 36 is covered in the sticky below :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?356814-The-Process-of-Litigation..-Court-Claims-Defences

 

Regards

 

Andy

[Ganymede]

Hi all,

This is just a quick post to see if anyone knows anything about Part 36 offers to settle a clinical negligence claim?

 

These are questions you should be asking your solicitor. It's what you are paying them for.

[bluetack]

Thanks Andy, Ganymede - I wish it was that simple! My original solicitor left the company recently and my case is now in the hands of a trainee after 4 years. I had a part 36 offer made by the defendants and asked the trainee to put forward an increased counter offer. I don't think she did this and I have now been forced to accept their first offer.

[Ganymede]

I think you need to call the firm and just directly ask them about the counter offer and if it was made.

 

Unfortunately it's far too complex for anyone on here to advise you.

 

If you don't like your current fee earner asked for your file to be transferred internally to someone else.

[bluetack]

Thanks. I have asked her the question and asked for copies of the letters sent but she said it was done by phone. Too late now for me as the case was closed today. It was due in high court next month with a value of £50,000+ but the defendants admitted negligence and denied causation. I had to accept £3,000 or pay all costs. Thinking of suing solicitor as they admitted by email to being negligent in the way my case was handled.

[steampowered]

Why did you "have" to accept £3,000?

 

 

Whenever you enter litigation there is a risk you'll end up having to pay costs, that is just how the game works. If you didn't have the risk appetite to go through with the original claim, it would be even riskier to sue your solicitor.

[bluetack]

I really wanted this to go to court (have a very big risk appetite lol). My solicitor (trainee) would not support this. i was told to either accept the offer or find someone else to act for me who would pay all costs incurred so far. I only have 3 weeks until the hearing - no-one would take this on now. I can't afford to pay costs, my solicitor wanted £32,000 and god knows what the defendants cost would be! I am left permanently disabled and was lead to believe my case had a very good chance of success - until my solicitor left.

[Ganymede]

It really is impossible for random people on the Internet to advise you as we don't have access to your medical reports or records nor do we know the circumstances of your claim or if liability is admitted etc.

 

Your solicitors will know your case and they must have had a reason to think that you would not beat the Part 36 offer on the table.

 

I assume you're claim is being funded by an ATE policy so it's easy for you to say go to Court buy who is going to pick up the bill if you lose or get awarded the same amount or less than the offer by the Court.

[bluetack]

All you say is true, my case was closed today after a very long 4 years. I wasn't ever looking for advice about the case just knowledge of part 36 counter offers and how they should be presented. I'm now talking with someone who is willing to help me and I'll post up anything that might help someone else in the same boat. Thanks everyone, this is a great forum!!

[Ganymede]

You can make offers verbally and negotiate over the phone and settle the claim that way, or you can put a formal Part 36 offer in writing in which case it must be open for at least 21 days. Acceptance of part 36 offers outside the 21 days, or failure to beat them at Court, can have costs consequences.

 

Clin Neg cases can often take several years but if you were unhappy with your advice you should have asked to speak to a supervisor.

[Guest]

....just knowledge of part 36...and how they should be presented..

 

 

heres some general info

http://www.pinsentmasons.com/PDF/Part36offerstosettle.pdf