Interest and Part 36 offers: is Potter right? – Practical Law Dispute Resolution Blog (Simon Edwards)

Interest and Part 36 offers: is Potter right? – Practical Law Dispute Resolution Blog (Simon Edwards)


CategoryNews, Articles Author Simon Edwards Date

CPR 36.2(3) provides that a Part 36 offer may be made in respect of the whole, or part of, or any issue that arises in, a claim. This is reflected in CPR 36.5(1)(d) which, in relation to the form and content of a Part 36 offer, requires the offeror to state whether it relates to the whole of the claim or to part of it, or to an issue that arises in it and, if so, to which part or issue.

On the face of it, that means that an offeror can make an offer in relation to, say, the capital element of the claim, but leave the question of interest for a further decision. That would apply whether interest is claimed pursuant to a contract, statute or the court’s equitable jurisdiction.

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