Chapter 15 Case study documentation

Part 36 Offers and Offers to Settle Outside Part 36

Case study questions: Andrew James Pike v Deep Builders Limited

Andrew Pike has now been medically examined by Mr Higgins but the report was not wholly conclusive as further investigations need undertaking. Proceedings have now been issued and a Defence and Counterclaim filed by Deep Builders Limited. The case has been allocated to the multi-track and directions set for the action. At the time of completing the directions questionnaire, the claimant’s solicitor made an application for an interim payment. The directions set at the CMC have not yet been complied by either party as the timetable set by the court has not yet started.

Shortly after the interim payment application, the defendant made a valid CPR 36 offer of £20,000. A copy of the letter appears in your online resources. You have telephoned your client to inform him of the offer and that you will be writing to him about the offer.

Question 1

At this particular stage in the action consider what advice you would give to Andrew Pike on the timing of the offer? Consult the ‘litigation train’ both in the book and online to help you contextualise where we are in the litigation.

Question 2

Please consider the contents of the defendant’s Part 36 offer letter and draft a letter to Andrew Pike on the timing of the offer made by the defendant.

Helpful hints to consider for the letter:

Note the type of letter this will be in terms of style, length, formality and content. Gauge the intellect of your client.
Where we are in the litigation? What has happened? What will happen?
Consider the impact of the timing of the offer on your advice.
Is there any additional information needed to help you advise Andrew Pike?
What about Andrew Pike’s funding arrangements?
How can you move the action along proactively?

Case study questions: Bollingtons Limited v Mrs Elizabeth Lynch t/a The Honest Lawyer

A Defence and Counterclaim has been filed and served by Mrs Lynch. Acting for Bollingtons Limited, you are completing the Directions Questionnaire (DQ) and have prepared a cost estimate which shows that costs to date are £2000 but anticipated costs to trial in light of the disputed nature of the debt are likely to be an additional £10,500. Mrs Lynch has now made a valid CPR 36 offer of £8,000.

Question 1

Consider the proportionality issues in this case and the discussions you will need to have with Mr Green of Bollingtons Limited.

Question 2

How will this impact on your advice to him?