Part 36 Offer definition

Part 36 Offer means an offer to settle the Claim made in accordance with Part 36 of the Civil Procedure Rules.
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Part 36 Offer means an offer to settle the Claim made in accordance with Part 36 of the Civil Procedure Rules 1998.
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Part 36 Offer means any offer made by an Opponent to settle a Claim which may or may not offer any admission of liability, which may be made by either party at any time during the duration of the Claim and if it is to be accepted, must be agreed within 21 days of the offer being made. Such an offer has the potential to cause You to pay part of their Opponent's costs should You reject an offer, continue with the legal proceedings and subsequently fail to obtain more than they were offered by the Opponent, or should they accept outside the 21 day period. This includes offers made under Part 36 of the Civil Procedure Rules 1998.
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Examples of Part 36 Offer in a sentence

  • Part 36 Offer: Any offer made to settle a claim, where blame is accepted or not, made by either party throughout the claim.

  • If this happens, the Client will still win the Claim but the Firm will charge the Firm Fees and Success Fee for the period up to 21 days after it received notice of the Part 36 Offer / payment and for the period thereafter it shall not claim any Firm Fees or a Success Fee.

  • Any claim where the insured person has disregarded our advice to accept a Part 36 Offer to settle.

  • Part 36 Offer: Any offer made to settle a legal action, where blame is accepted or not,made by either party throughout the legal action.

  • However, some of the Working Group considered that this could over reward an early tactical Part 36 Offer with no disclosure of evidence for the Defendant to consider where the claim settles many years later.

  • It is noted that this already arises with regard to the current Claimant’s Part 36 Offer sanction of interest up to 10% above base in any event.

  • If ordered, these belong to the Claimant, subject to his retainer with his solicitor, but arguably they may not be perceived by a Claimant as a transparent, personal incentive for the Claimant to make a realistic Part 36 Offer and then to beat it on judgment.

  • Agreed that if there is to be such a taper/cap then to give effect to the policy objective of ‘a level playing field’ similar provisions ought to apply to a Claimant’s maximum liability to a Defendant if the latter makes an effective Part 36 offer (i.e. capping the liability of the Claimant to pay the Defendant’s costs if he fails to beat a Defendant’s Part 36 Offer).

  • Part 36 Offer Any offer made to settle a claim, where blame is accepted or not, made by either party throughout the claim.

  • As a result of this material weakness, our management concluded that our internal control over financial reporting was not effective based on criteria set forth by the Committee of Sponsoring Organization of the Treadway Commission in Internal Control—An Integrated Framework.


More Definitions of Part 36 Offer

Part 36 Offer means an offer to settle the Claim made in accordance with Part 36 of the Civil Procedure Rules 1998. “Reasonable Fees” Shall mean those fees that are reasonably claimed in all the circumstances, the appropriate measure of reasonableness being the standard basis as described in Part 44 of the Civil Procedure Rules 1998. “Success Fee” Shall mean the percentage of Ordinary Fees that is added to those fees if the Lay Client Wins the Claim. “Trial” Shall mean the final contested hearing or the contested hearing of any issue to be tried separately. (NB a reference to a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.) “Win”, “Won”, etc Shall mean that the Claim is Finally decided in the Lay Client’s favour in that, in a claim for money, the Lay Client is awarded any monies at all; an award of costs which includes Counsel’s fees will be regarded as being a Win. Where the Claim is not a money claim, “Win” will be defined by reference to the remedy or result sought. For the avoidance of doubt, a compromise that achieves benefit for the client will amount to a Win. .
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Related to Part 36 Offer

  • Qualifying Offer shall have the meaning set forth in Section 11(a)(ii) hereof.

  • pre-emptive offer means an offer of equity securities open for acceptance for a period fixed by the Directors to holders (other than the Company) on the register on a record date fixed by the Directors of ordinary shares in proportion to their respective holdings but subject to such exclusions or other arrangements as the Directors may deem necessary or expedient in relation to treasury shares, fractional entitlements, record dates or legal, regulatory or practical problems in, or under the laws of, any territory;

  • Bona Fide Offer means an actual or genuine offer which includes a specific wage or a training opportunity at a specified place when used to determine whether the parent has refused an offer of training or employment.

  • Firm Offer means an offer which, when made, was capable of becoming legally binding upon acceptance.

  • Active Offer means the clear and proactive offer of service in French to individuals, from the first point of contact, without placing the responsibility of requesting services in French on the individual;

  • Last best offer package means the offer exchanged by parties not less than 14 days prior

  • Qualifying Offering means a private offering of *****’s equity securities (or securities convertible into or exercisable for *****’s equity securities) for cash (or in satisfaction of debt issued for cash) having its final closing on or after the date of this Agreement and which includes investment by one or more venture capital, professional angel, corporate or other similar institutional investors other than Stanford. For the avoidance of doubt, if ***** is a limited liability company, then “equity securities” means limited liability company interests in *****.

  • Offer means “proposals” in negotiation.

  • Exclusionary Offer means an offer to purchase Class A Shares that:

  • Superior Offer Superior Offer" shall mean an unsolicited, bona fide written offer made by a third party to purchase more than 50% of the outstanding shares of Company Common Stock on terms that the board of directors of the Company determines, in its reasonable judgment, based upon the written advice of its financial advisor, to be more favorable to the Company's shareholders than the terms of the Merger; provided, however, that any such offer shall not be deemed to be a "Superior Offer" if any financing required to consummate the transaction contemplated by such offer is not committed and is not likely to be obtained by such third party on a timely basis.

  • Qualifying Public Offering means a firm commitment underwritten public offering of Stock for cash where the shares of Stock registered under the Securities Act are listed on a national securities exchange.

  • Tender Offer means a takeover offer, tender offer, exchange offer, solicitation, proposal or other event by any entity or person that results in such entity or person purchasing, or otherwise obtaining or having the right to obtain, by conversion or other means, greater than 10 per cent. and less than 100 per cent. of the outstanding voting shares of the Share Company, as determined by the Determination Agent, based upon the making of filings with governmental or self-regulatory agencies or such other information as the Determination Agent deems relevant.

  • Offer Form means the Offer Form set out in Part 3 of this Tender Document;

  • Third Party Offer has the meaning set out in Section 6.4;

  • Offer to Purchase means a written offer (the "Offer") sent by the Company by first class mail, postage prepaid, to each Holder at his address appearing in the Security Register on the date of the Offer offering to purchase up to the principal amount of Securities specified in such Offer at the purchase price specified in such Offer (as determined pursuant to this Indenture). Unless otherwise required by applicable law, the Offer shall specify an expiration date (the "Expiration Date") of the Offer to Purchase which shall be, subject to any contrary requirements of applicable law, not less than 30 days or more than 60 days after the date of such Offer and a settlement date (the "Purchase Date") for purchase of Securities within five Business Days after the Expiration Date. The Company shall notify the Trustee at least 15 Business Days (or such shorter period as is acceptable to the Trustee) prior to the mailing of the Offer of the Company's obligation to make an Offer to Purchase, and the Offer shall be mailed by the Company or, at the Company's request, by the Trustee in the name and at the expense of the Company. The Offer shall contain information concerning the business of the Company and its Subsidiaries which the Company in good faith believes will enable such Holders to make an informed decision with respect to the Offer to Purchase (which at a minimum will include (i) the most recent annual and quarterly financial statements and "Management's Discussion and Analysis of Financial Condition and Results of Operations" contained in the documents required to be filed with the Trustee pursuant to this Indenture (which requirements may be satisfied by delivery of such documents together with the Offer), (ii) a description of material developments in the Company's business subsequent to the date of the latest of such financial statements referred to in clause (i) (including a description of the events requiring the Company to make the Offer to Purchase), (iii) if applicable, appropriate pro forma financial information concerning the Offer to Purchase and the events requiring the Company to make the Offer to Purchase and (iv) any other information required by applicable law to be included therein). The Offer shall contain all instructions and materials necessary to enable such Holders to tender Securities pursuant to the Offer to Purchase. The Offer shall also state:

  • Asset Sale Offer shall have the meaning specified in Section 4.14.

  • Change of Control Offer has the meaning provided in Section 4.15.

  • Sell Offer means an offer to sell Capacity Resources in a Base Residual Auction, Incremental Auction, or Reliability Backstop Auction.

  • Shelf Offering Notice has the meaning set forth in Section 2(d)(ii).

  • Permitted Offer means a tender offer or an exchange offer for all outstanding Common Shares of the Company determined by the Board of Directors of the Company, after receiving such advice as it deems necessary and giving due consideration to all relevant factors, to be in the best interests of the Company and its stockholders.

  • Offer Notice shall have the meaning set forth in Section 4.1.

  • Proposed Contract means the agreement including any other terms and conditions contained in or referred to in this RFP that may be executed between the DBSA and the successful Bidder.

  • Market/Offer Price means the highest of (i) the price per share of Common Stock at which a tender or exchange offer therefor has been made, (ii) the price per share of Common Stock to be paid by any third party pursuant to an agreement with Issuer, (iii) the highest closing price for shares of Common Stock within the six-month period immediately preceding the date the Holder gives notice of the required repurchase of this Option or the Owner gives notice of the required repurchase of Option Shares, as the case may be, or (iv) in the event of a sale of all or any substantial part of Issuer's assets or deposits, the sum of the net price paid in such sale for such assets or deposits and the current market value of the remaining net assets of Issuer as determined by a nationally recognized investment banking firm selected by the Holder or the Owner, as the case may be, and reasonably acceptable to Issuer, divided by the number of shares of Common Stock of Issuer outstanding at the time of such sale. In determining the market/offer price, the value of consideration other than cash shall be determined by a nationally recognized investment banking firm selected by the Holder or Owner, as the case may be, and reasonably acceptable to Issuer.

  • Offer Deadline means the exact date and time when no Offer submitted thereafter may be considered or accepted by District.

  • Initial Offer means the initial offer of Participating Shares in a Fund as set out in the applicable Supplement;

  • Offeror means a Person who has announced a current intention to make or is making a Take-over Bid.