Fillable Oer to settle (Section I Part 36) Before (Cabinet Office)

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Oer to settle (Section I Part 36) Before (Cabinet Office)

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Oer to settle
(Section I – Part 36)
This form may be used to settle the whole or part of, or any
issue that arises in, a claim, counterclaim, other additional
claim, appeal or cross-appeal. It may also be used to settle
detailed costs assessment proceedings.
A Notice of acceptance form is attached to this form
should the oeree wish to use it.
In the (If proceedings have started)
Claim No. (or other ref.)
Name of Claimant (including ref.)
Name of Defendant (including ref.)
Before completing this form or responding to the oer
please read the notes on pages 4 and 5
To the Oeree (’s legal representative) (Insert name and address)
Take notice that (insert name of party making the oer)
makes this oer to settle pursuant to Part 36 of the Civil Procedure Rules 1998.
This oer is intended to be a
defendant’s claimant’s Part 36 oer.
If the oer is accepted within ________ days of service of this notice,
the defendant will be liable for the claimant’s costs in accordance with rule 36.13.
Note: Specify a period which, subject to
rule 36.5(2), must be at least 21 days
The oer is to settle:
(tick as appropriate)
the whole of part of
(give details over the page)
a certain issue or issues in
(give details over the page)
the
claim counterclaim other additional claim
appeal cross-appeal detailed costs assessment proceedings
page 1
N242A Oer to settle (Section I - Part 36) (06.15) © Crown copyright 2015
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page 2
Please give details below of the oer you are making (If necessary continue on a separate
sheet ensuring the claim number, if proceedings have started, is shown clearly)
The oer does does not take into account all part
of the following counterclaim (or other adverse claim):
Is this a personal injury claim?
page 3
Yes, please complete section 2,
section 3 if applicable and section 4
No, please go to Section 4
SECTION 2
PERSONAL INJURY CLAIMS
Note: See rule 36.19
Is there a claim for provisional damages?
Yes, complete either part A or B below
No, please go to Section 3
A The oer is made in satisfaction of the claim on the assumption that the
claimant will not:
develop
(state the disease)
OR
suer
(state type of
deterioration)
But if this does occur, the claimant will be entitled to claim
further damages at any time before
Day Month Year
B
This oer does not include an oer in respect of the claim for provisional
damages.
SECTION 3
To be completed only by DEFENDANTS in PERSONAL INJURY claims
Note: See rule 36.22
A
This oer is made without regard to any liability for recoverable benets under
the Social Security (Recovery of Benets Act) 1997.
OR
B
This oer is intended to include any relevant deductible benets for which the
defendant is liable under the Social Security (Recovery of Benets Act) 1997.
The amount of £ is oered by way of gross compensation.
If you have ticked B, complete this section
The defendant has not yet received a certicate of recoverable benets.
OR
The following amounts in respect of the following benets are to be
deducted. Please give details below.
Type of benet Amount
The net amount oered is therefore £
page 4
SECTION 4
Complete in ALL cases
Details of the party making the oer
Full name
Name of r
m
(if applicable)
Signed
Oeror(‘s legal representative)
Position held
(If signing on behalf
of a rm or company)
Date
Day Month Year
IMPORTANT NOTES:
1. This form may be used to settle the whole or part of, or any issue that arises in, a claim, counterclaim, other
additional claim, appeal or cross-appeal. It may also be used to settle detailed costs assessment proceedings.
2. When used to make a Part 36 oer in respect of an appeal, an appellant seeking to settle their appeal should make
a claimant’s oer while a respondent should make a defendant’s oer. [See rule 36.4.]
3. When used to make a Part 36 oer in respect of a counterclaim or other additional claim or a cross-appeal in certain
appeal proceedings:
- the party bringing the counterclaim, additional claim or cross-appeal can make (a) a claimant’s oer on such
counterclaim, additional claim or cross-appeal; or (b) a defendant’s oer on the claim or appeal; and
- the party bringing the original claim or appeal can make (a) a claimant’s oer on such claim or appeal; or
(b) a defendant’s oer on the counterclaim or cross-appeal.
In any case the oeror should make plain whether the oer takes into account any adverse claim. For example,
when making an oer on a claim, state whether it takes into account the counterclaim. Equally when making an
oer on a counterclaim, state whether it takes into account the claim. [See rules 36.2(3), 20.2 & 20.3 in respect of
counterclaims and other additional claims. See rules 36.2(3) and 36.4 in respect of cross-appeals.]
4. When this form is used to make a Part 36 oer in detailed costs assessment proceedings, the receiving party in the
assessment should make a claimant’s oer while the paying party should make a defendant’s oer. [See rule 47.20.]
5. In summary, Part 36 provides that:
- A party making a defendant’s oer is oering something to settle their opponent’s claim, counterclaim,
additional claim, appeal, cross-appeal or costs assessment proceedings and to accept a liability to pay costs.
- A party making a claimant’s oer is oering to accept something to settle their own claim, counterclaim,
additional claim, appeal, cross-appeal or costs assessment proceedings on terms that their opponent pays
their costs.
6. Part 6 of the Civil Procedure Rules makes detailed provision for the service of court documents.
page 5
NOTICE OF ACCEPTANCE
NOTES:
1. This form is suitable for the simple acceptance of the oer.
2. Where an oer relates only to part of the proceedings and the
oeree wishes to abandon the balance of the claim then this
should be made clear when accepting the oer.
[See rule 36.13(2).]
3. See rule 36.15 where the oer was made by one or more but not
all of the defendants.
In the (If proceedings have started)
Claim No. (or other ref.)
Name of Claimant (including ref.)
Name of Defendant (including ref.)
To the Oeror/legal representative
Take notice that (insert name of party accepting the oer)
accepts this oer to settle pursuant to rule 36.11 of the Civil Procedure Rules 1998.
Details of the party accepting the oer
Full name
Name of rm
(if applicable)
Signed
Oeree(‘s legal representative)
Position held
(If signing on behalf
of a rm or company)
Date
Day Month Year
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Oer to settle (Section I Part 36) Before (Cabinet Office)

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Completed 20 June 2022

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