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  • Legal FAQs

    PART 36 CIVIL PROCEDURE RULES OFFER TO SETTLE

    hi

    i have made a part 36 offer to settle (a service charge dispute) by email only.  is this good service as i note that the solicitors state 'We do not accept service by email' on their emails?

    there is nothing about fax not being good service, so is this option ok?

    also can a part 36 offer state that each party is to pay their own costs?

    many thanks.

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    IANAL. If you are litigant in person I think the Judge will cut you some slack over not knowing the rules, however I would have typed up a letter and then attached it to an eMail, and posted the letter in confirmation. That way you have made the offer the right way, yet they knew about it on time.

    Lawyers are funny about ways of communicating. I think eMails are more acceptable these days (I don't know why) but they like things on paper (like Fax), and I think that there used to be a good legal reason that meant that they used Faxes but not eMail.

    It's your offer so you can put whatever you like in it, but some things will protect you from costs better than others.

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