Calderbank offer letter builder (without prejudice save as to costs)
build_calderbank_offerDrafts a written offer to settle a CLAIM marked "without prejudice save as to costs" (a Calderbank offer), in England and Wales, in the user's own terms: civil claims (issued or not), small claims, family proceedings outside FPR 28.3 (Schedule 1 claims, most interim applications other than interim variation) and employment tribunals; from a firm for its client or from the party itself; to the other side's solicitors or the other party. The costs term follows the offer's scope and pays Part 45 fixed costs where Part 45 fixes them (CPR 45.1(3)); a timed offer says a rejection or counter-offer will not end it, and a deadline on a weekend or bank holiday moves to the next working day; tribunal offers say the settlement will be recorded in a COT3 or settlement agreement (ERA 1996 s.203). Returns the letter text, the checks, the date the offer is open until, and what the court or tribunal can do with it: in civil claims the court has regard to an admissible offer that is not a Part 36 offer when deciding costs (CPR 44.2(4)(c)), nothing is automatic (CPR 36.2(2)) and Part 36's "by any amount, however small" test is not read into Part 44 (Coward v Phaestos Ltd [2014] EWCA Civ 1256); Part 36 does not apply once a claim is allocated to the small claims track (CPR 27.2(1)(g)); in employment tribunals rejection must be unreasonable (Sud v Ealing LBC [2013] EWCA Civ 949). It refuses financial remedy proceedings, including variation and interim variation (FPR 28.3(8)), and never drafts offers on costs (bills, detailed assessment), never puts a figure on costs and never suggests what to offer.
Tool call template
Replace each placeholder with a value matching the input schema. Only required parameters are included; add optional parameters as needed.
{
"id": 1,
"jsonrpc": "2.0",
"method": "tools/call",
"params": {
"arguments": {
"forum": "<forum>"
},
"name": "build_calderbank_offer"
}
}Input Schema
| Name | Required | Description | Default |
|---|---|---|---|
| date | No | The letter's date (defaults to today). | |
| side | No | Which side makes the offer: "claiming" (the party bringing the claim), "responding" (the party defending it). | |
| costs | No | How costs are dealt with if the offer is accepted: "pay" (the responding party pays the claiming party's costs of what the offer settles up to acceptance: in civil claims the Part 45 fixed costs where Part 45 fixes them, otherwise reasonable costs assessed on the standard basis if not agreed (civil and family only)), "own" (each party bears its own costs (the only choice in employment tribunals)), "reserved" (the costs of the part or issue settled are left to the court, with the costs of the rest (civil and family, part or issue offers only)), "fees" (the court fees the claimant has paid (small claims: issued, whole-claim offers only)). | |
| court | No | The court or tribunal (optional) | |
| forum | Yes | Where the dispute is (financial remedy proceedings and disputes about costs are refused, with the reason): "civil" (A civil claim (fast, intermediate or multi-track, or not yet allocated)), "small-claims" (A small claim (allocated, or likely to be allocated, to the small claims track)), "family-other" (Family: a Schedule 1 claim, or an interim financial application other than an interim variation order), "employment" (An employment tribunal claim), "family-financial" (Family: financial remedy proceedings (divorce, dissolution, variation and interim variation)), "costs" (A dispute about costs (a bill, detailed assessment, costs-only)). | |
| scope | No | What the offer settles (default whole): "whole" (the whole claim), "part" (part of the claim), "issue" (one issue). | |
| stage | No | Whether proceedings have been issued (default issued): "issued" (proceedings issued), "pre-action" (not yet issued). | |
| terms | No | Other terms, one per item, in the user's own words (at most 8, each up to 600 characters). In a query string, repeat terms= for each term or send a JSON array: commas inside a term are kept. | |
| voice | No | Who signs the letter (default firm): "firm" (a firm writing for its client), "self" (the party itself). | |
| amount | No | The sum offered: to pay (responding) or to accept (claiming); leave out for an offer on other terms only, in pounds (e.g. "12500.50"). | |
| ourRef | No | Our reference (optional) | |
| payDays | No | Days after acceptance for payment (default 14) | |
| yourRef | No | Your reference (optional) | |
| interest | No | Interest (default inclusive): "inclusive" (inclusive of interest), "plus" (plus a stated sum of interest). | |
| openDays | No | Days the offer is open from the letter's date (default 21; "" for no time limit) | |
| recipient | No | Who receives it (default solicitors): "solicitors" (the other side's solicitors), "party" (the other party in person). | |
| scopeText | No | For part or issue: which, in the user's own words | |
| claimNumber | No | The claim or case number | |
| offereeFirm | No | Where recipient is solicitors: the other side's solicitors | |
| offereeName | No | The name of the other party (a company or public body is addressed "Dear Sir or Madam") | |
| offerorFirm | No | Where voice is firm: the firm sending the letter | |
| offerorName | No | The name of the party making the offer | |
| counterclaim | No | Any counterclaim (default none): "none" (no counterclaim), "includes" (the offer settles it too), "excludes" (the counterclaim continues). | |
| interestAmount | No | Where interest is "plus": the interest sum, in pounds (e.g. "12500.50"). | |
| protectedParty | No | Civil claims and small claims: a party to the claim is a child or protected party, so any settlement needs the court's approval (CPR 21.10). |