Rule 36.19 Offer to settle a claim for provisional damagesF1
An offeror may make a Part 36 offer in respect of a claim which includes a claim for provisional damages.
Where the offeror does so, the Part 36 offer must specify whether or not the offeror is proposing that the settlement shall include an award of provisional damages.
Where the offeror is offering to agree to the making of an award of provisional damages, the Part 36 offer must also state—
that the sum offered is in satisfaction of the claim for damages on the assumption that the injured person will not develop the disease or suffer the type of deterioration specified in the offer;
that the offer is subject to the condition that the claimant must make any claim for further damages within a limited period; and
what that period is.
Rule 36.6 applies to the extent that a Part 36 offer by a defendant includes an offer to agree to the making of an award of provisional damages.
If the offeree accepts the Part 36 offer, the claimant must, within 7 days of the date of acceptance, apply to the court for an award of provisional damages under rule 41.2.
Annotations
Textual amendments
- F1
Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)
Notes on Part 36
Textual amendments
- F2
Words in Pt. 36 Table of Contents substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(1) (with rule 2)
- F3
Words in Pt. 36 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(1)