Part 36 offer judgment for unpaid sum

[grffindoor2011]

A friend accepted a part 36 offer last year, but a couple of months down the line they have not received the cheque despite the solicitor chasing up with the insurer.

My knowledge is limited on this but I thought that in these types of cases payment now had to be made within 14 days. If this does not happen she could go back to her solicitor to take out a judgement against the insurers for the unpaid amount?

Is there a typical time limit on payment in these types of cases or am I barking up the wrong tree with the 14 day thing? The law gives the claimant just 21 days to accept but doesn't seem so friendly to the claimant in ensuring a prompt pay out.

Many thanks.

[tonywiltshire]

You will be aware that rule 36 is part of the Civil Procedure Rules which can be very complex and I think the best advice that can be given is for your friend to return and consult with the Solicitor acting on her behalf who will be aware of all the details of the offer and acceptance, it may be that the offer or acceptance was not clear or precise.
You are correct that payment should be made within 14 days and if it is not the Claimant can enter judgement for that sum, but take legal advice.

[grffindoor2011]

Many thanks Tony. Will pass this on.