Ever considered being a lecturer? You’re much better orator & a teacher than my Civil Lit tutors for my BPTC! This was very well organised using simple language, thank you!
Thank you :) It's this sort of encouragement that keeps me going, it really does. I would love to lecture, one day, as staring at myself in a camera in a coffee shop can feel a bit strange sometimes! ;)
Hi Alex, its fabtasctic people like you who make me want to study law. Incidentally, i have in my posession your 2020 edition, Flying Solo. Introduction - Life in the skies... perfectly brilliant!
CPR PART36 is designed to encourage each side to settle for less than their claim (to avoid lengthy costly litigation). PART36 only applies to fast track and multi-track (not small claims track) If C offers D under part36 then If C wins at trial (D loses) Then C wins normal amount +D pays an extra penalty (for not settling early when they had chance) If C loses at trial (D wins) then D wins normal amount
@@RedwoodLegal What happens if a claimant increases the value of their claim before they make a part 36 offer? Would that justify making an offer at a later stage.
Excellent video, clear and concise whilst also being balanced. I loaned £100k with 20k facility fee - the conveyancer who mediated and received funds between us and respondent made significant mistakes and being SRA regulated their insurers have been placed on notice. Your math was spot on, presentation professional and we wish you well for this investment in demonstrating the prowess of yourselves. Thank you
What about costs claims under section 52 of the Courts Act 1971 when a case is withdrawn? And the previous defendant then becomes the applicant in the subsequent costs action Also can an offer be a “section 36 offer” if it is not explicitly named as such and has a 14 day expiry date rather than a 21 day expiry date?
So in effect, where C wins at trial: C successful with their p36= massive fees for them D successful with their p36= massive savings on fees payable to C So there’s isn’t really a situation where C would have to pay D’s cost in the above unless D won at court?
Perhaps not massive but substantial enough to make a difference. Defendant Part 36 offers cane even more substantial. I go into the topic in more detail in my new book, "Flying Solo": www.lulu.com/en/gb/shop/alex-woods-and-nate-fakes-and-kinga-stabryla-and-kinga-stabryla/flying-solo/paperback/product-m5yqjq.html?page=1&pageSize=4
I have been disputing a bill from my solicitors firm and pointing out there mistakes they made which cost me substantial amount of money, they issued court proceedings and made ‘ not part 36 offer’ I need some advice on that.
I claimed for £5000 and last week I received a DQ form from my defendant and he mentioned mediation service. Please , Can you tell me is it sign of positive?
Yes, it's positive because they are open to trying to resolve the issue. During mediation, you can put your point of view and they can put theirs, so at least you understand each other. You probably won't agree with them, but you have information about how they will try to argue their case.
@@borhanuddin3779 DQ means Directions Questionnaire. If this is not a questionnaire that you have completed, then it is one that has been filed (sent to the court) by the other party in the case. You should have received a questionnaire to complete yourself and should be sent a copy of the one that has been filed by the other party so you can see what they think. Have a look at the DQ by searching the Internet for Court Form N180.
