Liability is often in issue, but when contemplating an offer to settle on that issue difficulties can arise in defining what exactly is meant by “liability” and there may be arguments about what is a “genuine offer”. 

This webinar is intended to help practitioners understand the legal context, underpinning any offers, the relevant rules, how to go about framing offers, the effect of acceptance and arguments that are likely to arise on costs if offer and judgment have to be compared.

• Analysis of “liability” in the tort of negligence
• Analysis of “liability” with intention torts
• Defining issues on liability in the claim
• Framing offers by reference to the issues
• The requirements on form and content in Part 36
• Does Part 36 provide for an offer on “liability” and, if so, what are the potential consequences of such an offer.
• When will Part 36 consequences be “unjust” including timing (can an early offer be made) and content (can a 95% offer be made)
• Dealing with liability offers made by defendants
• Giving appropriate advice to the claimant