MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Frank drove into the rear of Sally’s stationary vehicle, causing serious injuries to Sally. Frank
has offered £30,000 in settlement of the claim issued in the County Court.
Which of the following statements are WRONG?
(i) If Sally accepts the offer within the relevant period, she will be entitled to her costs
up to the date of the offer.
(ii) In order to be a formal Part 36 offer which is taken into account on costs, the offer
must specify a period of not less than 21 days within which the defendant will be
liable for the claimant’s costs if the offer is accepted.
(iii) In order to be a formal Part 36 offer which is taken into account on costs, the offer
must state whether it relates to the whole of the claim or to part of it.
(iv) If the claim had not been issued by Sally, Sally could only accept the Part 36 offer
with the court’s permission before issue.
Select ONE of the following:
[A] (i) and (ii)
[B] (ii) and (iii)
[C] (iii) and (iv)
[D] (i) and (iv)
[[D] is WRONG and therefore the CORRECT answer relating to CPR Part 36. Statements (i)
and (iv) are wrong: statement is wrong - where the offer is accepted within the relevant period
the Claimant will be entitled to the costs of the proceedings up to the date on which notice of
acceptance was served and not up to the date of the offer (see r.36.5(1)(c) and r.36.13(1)) in
White Book 2016, statement (ii) is correct (see r.36.5(1)(c)), statement (iii) is correct (see r.
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,36.5(1)(d)), and statement (iv) is wrong as the court's permission is only needed to accept the
offer in the circumstances set out in r.36.11(3)].
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,Question 2
Neverland Hospital NHS Trust have recently instructed you in respect of proceedings that
have been issued against them by Herbert for damages for clinical negligence. On Friday last
week, they served their defence within the correct time limits. The claim is likely to be
allocated to the multi-track. They want to make a Part 36 offer but want it to be a time limited
offer. They ask you for advice on whether it is possible to make a time limited Part 36 offer.
What is the best advice in these circumstances?
[A] Yes it is possible to make a time limited offer. The offer can be automatically
withdrawn in accordance with its terms. There can be a term which time limits the
Part 36 offer. This time limit can be of any period including less than the relevant
period.
[B] No it is not possible to make a time limited offer. You would have to withdraw the
offer by serving notice of withdrawal.
[C] Yes it is possible to make a time limited offer. The offer can be automatically
withdrawn in accordance with its terms. There can be a term which time limits the
Part 36 offer. However, the time limit must be after the expiry of the relevant period.
[D] No it is not possible to make a time limited offer. Once a Part 36 offer is made it
cannot be withdrawn under any circumstances.
[C] is the CORRECT answer. See CPR r. 36.9(4) (b). Practically this means that the Part 36 offer
will state that it will be withdrawn by a set date or time if it has not been accepted after the expiry
of the relevant period. The time limit could be at the expiry of the relevant period, or beyond
that. Crucially, though the time cannot be in the relevant period. If a party wishes to make such
an offer it would not be a Part 36 offer.]
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, Question 3
Assume that a month before trial Herbert, in his proceedings against Neverland Hospital NHS
Trust (‘Neverland’), made a Part 36 offer to Neverland proposing that Neverland pays £ 15,000
in settlement of the claim to him. Neverland reject this Part 36 offer and the claim proceeds
to trial, where judgment is given for Herbert in the sum of £20,000.
Which ONE of the following CORRECTLY states the consequences of Neverland’s rejection
of Herbert’s offer?
[A] Their rejection of the offer will have no effect because Herbert has been awarded
more than his offer.
[B] As he has been awarded more than his offer, Herbert will be entitled to the costs of
the case from the date his offer was served on Neverland.
[C] As he has been awarded more than his offer, Herbert will be entitled to interest on
the damages, indemnity costs and interest on those costs from the date his offer was
served on Neverland.
[D] As he has won at trial and been awarded more than his offer, the court must may (*
please see (ii) below) order Neverland to pay Herbert’s costs and, unless it considers
it unjust to do so, order Neverland to pay interest on the damages and costs on the
indemnity basis (with interest on those costs) from the date on which the relevant
period expired, together with an additional amount of £2,000 representing 10% of
the amount awarded.
[[D] is CORRECT. See r.36.17 (1) (b) and (4) and r.44.2 (2). Please note:
i. Costs under CPR Part 44 including CPR 44.2. CPR 44.2 (2) states “If the court
decides to make an order about costs – (a) the general rule is that the
unsuccessful party will be ordered to pay the costs of the successful party;
but (b) the court may make a different order.; and
ii. In your question paper, please replace the word “must” with the word “may”.
You can see we have struck through the word “must” and replaced with “may”
above. Please note the provisions in CPR 44.2 (2) in this regard.]
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ANSWERS
Bar Professional
Question 1
Frank drove into the rear of Sally’s stationary vehicle, causing serious injuries to Sally. Frank
has offered £30,000 in settlement of the claim issued in the County Court.
Which of the following statements are WRONG?
(i) If Sally accepts the offer within the relevant period, she will be entitled to her costs
up to the date of the offer.
(ii) In order to be a formal Part 36 offer which is taken into account on costs, the offer
must specify a period of not less than 21 days within which the defendant will be
liable for the claimant’s costs if the offer is accepted.
(iii) In order to be a formal Part 36 offer which is taken into account on costs, the offer
must state whether it relates to the whole of the claim or to part of it.
(iv) If the claim had not been issued by Sally, Sally could only accept the Part 36 offer
with the court’s permission before issue.
Select ONE of the following:
[A] (i) and (ii)
[B] (ii) and (iii)
[C] (iii) and (iv)
[D] (i) and (iv)
[[D] is WRONG and therefore the CORRECT answer relating to CPR Part 36. Statements (i)
and (iv) are wrong: statement is wrong - where the offer is accepted within the relevant period
the Claimant will be entitled to the costs of the proceedings up to the date on which notice of
acceptance was served and not up to the date of the offer (see r.36.5(1)(c) and r.36.13(1)) in
White Book 2016, statement (ii) is correct (see r.36.5(1)(c)), statement (iii) is correct (see r.
P a g e 1 | 38
,36.5(1)(d)), and statement (iv) is wrong as the court's permission is only needed to accept the
offer in the circumstances set out in r.36.11(3)].
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,Question 2
Neverland Hospital NHS Trust have recently instructed you in respect of proceedings that
have been issued against them by Herbert for damages for clinical negligence. On Friday last
week, they served their defence within the correct time limits. The claim is likely to be
allocated to the multi-track. They want to make a Part 36 offer but want it to be a time limited
offer. They ask you for advice on whether it is possible to make a time limited Part 36 offer.
What is the best advice in these circumstances?
[A] Yes it is possible to make a time limited offer. The offer can be automatically
withdrawn in accordance with its terms. There can be a term which time limits the
Part 36 offer. This time limit can be of any period including less than the relevant
period.
[B] No it is not possible to make a time limited offer. You would have to withdraw the
offer by serving notice of withdrawal.
[C] Yes it is possible to make a time limited offer. The offer can be automatically
withdrawn in accordance with its terms. There can be a term which time limits the
Part 36 offer. However, the time limit must be after the expiry of the relevant period.
[D] No it is not possible to make a time limited offer. Once a Part 36 offer is made it
cannot be withdrawn under any circumstances.
[C] is the CORRECT answer. See CPR r. 36.9(4) (b). Practically this means that the Part 36 offer
will state that it will be withdrawn by a set date or time if it has not been accepted after the expiry
of the relevant period. The time limit could be at the expiry of the relevant period, or beyond
that. Crucially, though the time cannot be in the relevant period. If a party wishes to make such
an offer it would not be a Part 36 offer.]
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, Question 3
Assume that a month before trial Herbert, in his proceedings against Neverland Hospital NHS
Trust (‘Neverland’), made a Part 36 offer to Neverland proposing that Neverland pays £ 15,000
in settlement of the claim to him. Neverland reject this Part 36 offer and the claim proceeds
to trial, where judgment is given for Herbert in the sum of £20,000.
Which ONE of the following CORRECTLY states the consequences of Neverland’s rejection
of Herbert’s offer?
[A] Their rejection of the offer will have no effect because Herbert has been awarded
more than his offer.
[B] As he has been awarded more than his offer, Herbert will be entitled to the costs of
the case from the date his offer was served on Neverland.
[C] As he has been awarded more than his offer, Herbert will be entitled to interest on
the damages, indemnity costs and interest on those costs from the date his offer was
served on Neverland.
[D] As he has won at trial and been awarded more than his offer, the court must may (*
please see (ii) below) order Neverland to pay Herbert’s costs and, unless it considers
it unjust to do so, order Neverland to pay interest on the damages and costs on the
indemnity basis (with interest on those costs) from the date on which the relevant
period expired, together with an additional amount of £2,000 representing 10% of
the amount awarded.
[[D] is CORRECT. See r.36.17 (1) (b) and (4) and r.44.2 (2). Please note:
i. Costs under CPR Part 44 including CPR 44.2. CPR 44.2 (2) states “If the court
decides to make an order about costs – (a) the general rule is that the
unsuccessful party will be ordered to pay the costs of the successful party;
but (b) the court may make a different order.; and
ii. In your question paper, please replace the word “must” with the word “may”.
You can see we have struck through the word “must” and replaced with “may”
above. Please note the provisions in CPR 44.2 (2) in this regard.]
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