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THE EFFECT ON THE PROCEEDINGS OF ACCEPTANCE OF A PART 36 OFFER OR PAYMENT

If a Part 36 offer or payment which relates to the whole claim is accepted, the claim will be stayed (r 36.15(1)). As the glossary to the rules states, a stay imposes a halt on proceedings.

Although the claim has been stayed, it is expressly provided that this will not affect the court’s power to enforce the terms of a Part 36 offer, order payment out of the sum paid into court, or to deal with any question of costs relating to the proceedings (r 36.15(5)).