The recent decision from the Court of Appeal in Seabrook v Adam (1) is yet another reminder that Claimants’ Part 36 offers to settle a claim are only effective if clearly worded. In that case, the offer to accept, on its proper interpretation, was held to be for 90% of the claim. It was held not to be an offer in respect of liability for part of the claim and clear words would have been required to give effect to that.
There are many pitfalls to avoid when making a Claimants’ Part 36 offer. It is always wise to take legal advice before proceeding. That said, a good starting point is to consider using Form N242A, a copy of which can be found here.
For those interested, please see our previous blog on the importance of Part 36 offers and the implications of getting it wrong by clicking here.