FOIL Update – Part 36 & Fixed Costs

Update
  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

The claim was brought in 2014 under the RTA Portal Protocol but left the portal when the defendant/appellant did not admit liability. Part 7 proceedings were issued on 7 January 2015. The claim was allocated to the fast track, but on 18 January 2017 the respondent issued an application for reallocation to the multi-track pursuant to CPR 26.10 on the basis that the value of the claim had increased. The application was listed to be heard on 24 April 2017, but on 19 April 2017 the appellant’s solicitors sent the respondent’s solicitors what was described in the document as a “Part 36 Offer Letter”. This read as follows: “We are instructed by the Defendant to offer £30,000.00 gross in full and final satisfaction of this claim.

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