The Claimant died from mesothelioma, on 3 February 2014 and his estate brought a claim against the Defendant, his former employer, alleging an exposure to asbestos.
The Defendant made a Part 36 offer on 21st July 2015 so the 21 day period for acceptance expired on the 11th August 2015.
The Claimant accepted the Defendant’s Part 36 offer out of time on the 25th May 2016, so the Claimant was entitled to her costs up to 11th August 2015; with the Defendant entitled to its costs thereafter.
Rule 36.14(6) states “where a Part 36 offer that is or includes an offer to pay or accept a single sum of money is accepted, that sum must be paid to the claimant within 14 days of the date of ... acceptance”.
The Defendant applied for an extension of time to pay the settlement sum because it was concerned that the Claimant was impecunious and would not pay the Defendant’s costs. The Defendant relied on the court’s general discretion under Rule 44.2 and Part 3 case management powers to “extend or shorten the time for compliance with any rule”, except “where the Rules provide otherwise”: Rule 3.1(2)(a).
The Claimant maintained that Part 36 was a self-contained code so the exception in Rule 3.1(2) applied and that in any case she had the ability to pay the Defendant’s costs.
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