When is the deadline for commence detailed assessment proceedings after acceptance of a part 36 offer?
The catalogue records a 3 months period from Date when the right to costs arose on acceptance of the Part 36 offer. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 months
- Trigger
- Date when the right to costs arose on acceptance of the Part 36 offer
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Agreement under r.2.11; court extension under r.3.1(2)(a); PD 47 paras 6.1 and 6.2. No permission needed to commence out of time; sanction under r.47.8 is discretionary and requires the paying party to apply first.
- The anchor is the date the right to costs arose, which on acceptance of a Part 36 offer is the date of service of the notice of acceptance (a costs order is deemed to have been made under r.44.9(1)(b)), not the date of the offer. Take care: r.44.9(2) disapplies the deeming where a Part 36 offer is accepted before proceedings are commenced.