Jake Coleman
Jake is a highly sought-after junior barrister specialising in professional negligence, clinical negligence and costs. He represents both claimants and defendants, appearing regularly in both the High Court and County Courts.
Jake is frequently instructed in very high value, complex claims both as a junior and as sole counsel. Clients often praise him for his eye for detail, thoroughness of preparation and his rapport with clients.
Before completing pupillage at Hailsham in 2016, Jake spent a year working at a law firm in New York specialising in commercial litigation and two years working for the Medical Protection Society in London. Jake is a contributor to Friston on Costs (4th edn, 2023)
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Membership
- PNBA
Qualification
- BSc Chemistry and Law (First class) (2011)
Education
- University of Bristol (2007-2011)
5 Contributions by Jake Coleman
PRACTICE NOTES
CPR Part 36 counter-offers: acceptance, withdrawal, variation, costs and interplay with non-Part 36 (Calderbank) offers, plus tactical considerations and key case law (England and Wales)
This Practice Note explains how to make and respond to a Part 36 counter-offer, its impact on existing Part 36 offers, and its relevance to other settlement offers not advanced under Part 36.
Counter-offer in response to Part 36 offer
When a party receives a Part 36 offer, they may propose a counter-offer, either as a further Part 36 offer or by another route. The consequences of putting forward a counter-offer are outlined below.
Effect of counter-offer on Part 36 offer
Tabling a counter-offer does not undermine the validity of any extant Part 36 offer. Under CPR 36.11(2), a Part 36 offer already made stays open and capable of acceptance unless the offeror serves written notice withdrawing it, or it is automatically withdrawn in line with its terms where the acceptance deadline passes without the offeree serving notice of acceptance (CPR 36.9(4)(b)). Accordingly, if a party makes a counter-offer that the original Part 36 offeror rejects, they remain at liberty to accept the original Part 36 offer, provided it has not been withdrawn or its terms changed, a position confirmed by the Court of Appeal in Gibbon v Manchester City Council...
Dispute Resolution
PRACTICE NOTES
CPR Part 36 offers: drafting, validity, scope and timing—interest, partial issues, multi-party cases, service and disclosure, and leading authorities (England and Wales)
This Practice Note outlines the required contents of a Part 36 offer, identifies to whom the offer must be directed, and highlights the additional stipulations for a defendant’s Part 36 proposal. It also explains how to make a Part 36 offer confined to part of the claim or focused on a specific issue within the claim. The Note addresses offers in proceedings with multiple parties, the need for a relevant period of at least 21 days, and the treatment of interest. It further considers situations involving a litigant in person, as well as the inclusion of a non-monetary element within a Part 36 offer...
What a Part 36 offer must include
A compliant Part 36 offer does not have to be presented in a letter; a party may instead use Form N242A (CPR PD 36, para 1.1)...
Dispute Resolution
PRECEDENTS
Claimant CPR Part 36 Offer Letter Precedent with pre-action or post-issue options and costs and interest consequences (England and Wales)
Note:
This template is a claimant Part 36 offer letter; it does not deal with CPR 36 provisions that apply specifically to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).
[ insert name and address of the defendant or their legal representative ]
[ insert date ]
Without prejudice—save as to costs
Dear [ insert organisation name ]
[ Pre-action ] Part 36 offer
[ Claimant v Defendant—Case number ]
We write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ].
[ Our client remains confident that it is entitled to [ insert brief nature/details of dispute ], but as [ insert explanation as appropriate ], we are instructed to put forward an offer pursuant to Part 36 of the Civil Procedure Rules (‘the Offer’). To remove any uncertainty, this Offer is made under Part 36 ]...
Dispute Resolution
PRECEDENTS
Client letter precedent on CPR Part 36 settlement offers: mechanics, acceptance/withdrawal, costs consequences and strategy (England and Wales)
Please note that this Precedent and the accompanying drafting guidance do not address the CPR 36 rules that apply exclusively to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).
Private & confidential
[ insert name and address of client ]
[ insert date ]
Dear [ insert name of client ]
[ insert case heading/description of the case if pre-action ]
Settlement offers under Part 36
We have been exploring the possibility of resolving this matter and the various routes by which that might be achieved. [ You will recall that ] [ one OR One ] of those options was a Part 36 offer. This letter aims to explain in greater detail how such an offer operates, and the potential advantages and disadvantages of making one in your case. A Part 36 offer is a distinct form of settlement proposal intended to apply pressure on the other party by creating the risk of adverse costs consequences...
Dispute Resolution
PRECEDENTS
Defendant Part 36 offer letter precedent (CPR 36) template for pre-action and in proceedings use, with terms, interest and counterclaim options, and costs consequences — England and Wales
Note
This precedent is a defendant Part 36 offer letter and does not encompass CPR 36 provisions directed at fixed costs cases. For details on Part 36 offers in fixed costs matters, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).
[ insert name and address of claimant or claimant’s legal representative ]
[ insert date ]
Without prejudice—save as to costs
Dear [ insert organisation name ]
[ Pre-action ] Part 36 offer
[ Claimant v Defendant—Case number ]
We refer to the above [ potential ] matter and confirm we act for [ insert name of your client ].
Our client considers your client’s case to be without merit, but because [ insert explanation as appropriate ] we are instructed to advance an offer under Part 36 of the CPR (the ‘Offer’). For clarity, this Offer is made pursuant to Part 36.
OR
Our client wishes to bring this matter to a cordial conclusion and has instructed us to make an offer under Part 36 of the CPR (the ‘Offer’)...
Dispute Resolution
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