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Appendix 4 - Styles Relating to Pursuers’ Offers and Tenders

Published online by Cambridge University Press:  07 June 2023

Iain W. Nicol
Affiliation:
Thorntons
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Summary

PURSUER’s OFFER GROSS OF BENEFITS COURT OF SESSION

[SURNAME OF PERSON SIGNING] for the pursuer states to the court, without prejudice to, and under reservation of their whole rights and pleas, under and in terms of Chapter 34A.4 of the Rules of the Court of Session 1994 (as amended) the pursuer offered and hereby offers to accept from the [defender OR defenders jointly and severally] the sum of [AMOUNT IN WORDS] (£[AMOUNT IN FIGURES]) STERLING inclusive of interest to the date of this offer, of which £[AMOUNT OF BENEFITS ATTRIBUTABLE TO LOST EARNINGS] represents compensation for earnings lost during the relevant period, £[AMOUNT OF BENEFITS ATTRIBUTABLE TO CARE] represents compensation for the cost of care during the relevant period and £[AMOUNT OF BENEFITS ATTRIBUTABLE TO LOSS OF MOBILITY] represents compensation for loss of mobility during the relevant period, in terms of the Social Security (Recovery of Benefits) Act 1997, together with the expenses of process to date as taxed [in full satisfaction of the conclusions OR in satisfaction of the [CONCLUSIONS SATISFIED BY OFFER]] of the summons.

IN RESPECT WHEREOF

IN THE COURT OF SESSION

Court Ref: [COURT REFERENCE]

MINUTE OF PURSUER’s OFFER

in the cause

[NAME OF PURSUER], PURSUER

And

[NAME OF DEFENDER], DEFENDER

[YEAR]

[FIRM NAME]

[FIRM REFERENCE]

PURSUER’s OFFER GROSS OF BENEFITS SHERIFF COURT

[SURNAME OF PERSON SIGNING] for the pursuer states to the court, without prejudice to, and under reservation of their whole rights and pleas, under and in terms of Chapter 27A.4 of the Ordinary Cause Rules 1993 (as amended) the pursuer offered and hereby offers to accept from the [defender OR defenders jointly and severally] the sum of [AMOUNT IN WORDS] (£[AMOUNT IN FIGURES]) STERLING, inclusive of interest to the date of this offer, of which £[AMOUNT OF BENEFITS ATTRIBUTABLE TO LOST EARNINGS] represents compensation for earnings lost during the relevant period, £[AMOUNT OF BENEFITS ATTRIBUTABLE TO CARE] represents compensation for cost of care during the relevant period and £[AMOUNT OF BENEFITS ATTRIBUTABLE TO LOSS OF MOBILITY] represents compensation for loss of mobility during the relevant period, in terms of the Social Security (Recovery of Benefits) Act 1997, together with the expenses of process to date as taxed [in full satisfaction of the craves OR in satisfaction of the [CRAVES SATISFIED BY OFFER]] of the initial writ.

Type
Chapter
Information
Expenses
A Civil Practitioner's Handbook
, pp. 367 - 411
Publisher: Edinburgh University Press
Print publication year: 2022

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