Part 36 offer Definition

GLOSSARY

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What does Part 36 offer mean?

A formal offer to settle a dispute under the civil procedure rules (cpr) Pt 36 carries costs, interest and tactical advantages as an offeree will face costs consequences if they refuse a reasonable offer to settle made by the offeror.

A Part 36 offer to settle can be made at any stage of a dispute and in both money and non-money claims. It has to be a genuine offer, made without prejudice save as to costs and comply with the strict requirements contained in CPR Pt 36; namely, it must be in writing - stating that it is intended to have the consequences of Pt 36 and specifying a period of not less than 21 days within which the offeree would be liable for the offeror's costs; state whether it relates to all or part of the claim or to an issue that arises in it, and if so to which part or issue and state whether it takes into account any counterclaim.

View the related checklists about Part 36 offer

Defendant receiving a claimant's Part 36 offer—checklist

Defendant receiving a claimant's Part 36 offer—checklist This checklist on receiving a Part 36 offer identifies the key factors that a defendant should consider on receipt of a claimant’s Part 36 offer. Consideration Guidance Further information Relevant period The defendant should calculate the date when the relevant period expires for accepting the claimant’s Part 36 offer, which must be no less than 21 days from when the Part 36 offer was served (CPR 36.5(1)(c)).It is important to note this date because there may be costs consequences for late acceptance of the claimant’s Part 36 offer. There will also be costs consequences if the claimant’s Part 36 offer is not accepted and the claimant obtains a judgment that is at least as advantageous as their own Part 36 offer (CPR 36.17(1)(b)). For further information, see Practice Notes: Part 36 offers—how to make a valid Part 36 offer—The relevant period (minimum 21 days) and Part 36 offers—costs consequences of rejection or non-acceptance—Costs consequences—defendant not accepting a claimant's Part 36 offer. Validity...

Professional negligence claims—defendant steps—checklist

Professional negligence claims—defendant steps—checklist This Checklist sets out the position under the Pre-Action Protocol for Professional Negligence claims (the 'Protocol') currently in force. For general guidance on the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol. This Checklist should be read in conjunction with Practice Note: Professional negligence claims—pre-action protocol—defendant issues. For guidance on commencing a professional negligence claim (including with reference to a worked hypothetical set of pleadings and including a template precedent particulars of claim) which may assist a defendant with regard to what they may expect to face, see: • Practice Note: Starting a professional negligence claim—a practical guide • Practice Note: Pleading professional negligence claims—worked hypothetical examples • Precedent: Particulars of claim—professional negligence claim Professional receiving preliminary notice (professional negligence PAP) Requirement to acknowledge receipt of the preliminary notice within 21 days. In so doing, consider: • is any clarification required (unusual since the letter is required to do no more than notify)? • is it appropriate to make early admissions and/or assist the...

Pre-6 April 2015 rule 36—what is a Part 36 offer and what is its effect? [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview.If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here:If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April 2015 then you will need to consider the...

Pre-6 April 2015 rule 36—is this a valid Part 36 offer? [Archived]

Discover our 232 Practice Notes on Part 36 offer

Mediation statement to court, directions and example orders—clinical negligence and personal injury

Mediation statement to court, directions and example orders—clinical negligence and personal injury Statement to court in respect of mediation I have considered the following factors in order to determine whether this case is suitable for ADR: 1 [The nature of the dispute [insert details].] 2 [The merits of the case [insert details].] 3 [Whether other methods have been attempted [insert details].] 4 [Whether the cost of mediation will be disproportionately high [insert details].] 5 [Delays [insert details].] 6 [Whether mediation has

Pre-1 April 2013 Letter to claimant client about making a Part 36 offer [Archived]

Pre-1 April 2013 Letter to claimant client about making a Part 36 offer [Archived] ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only. Private & confidential [insert name and address of client] [insert date] Dear [insert name of your client ] [insert the case heading/description of the case if pre-action] Settlement offers (Part 36 offer) We have been considering the possibility of settlement in this matter and the different mechanisms available to achieve this. [You will recall that one of those methods was a Part 36 offer. The purpose of this letter is to explain in more detail the potential advantages and disadvantages of such an offer]. What is a Part 36 offer? A Part 36 offer is a written offer made to the defendant to settle matters in dispute. It can deal with all of the claim, part of it or specific issues. It is therefore possible to tailor it to...

Dive into our 33 Precedents related to Part 36 offer

Can a Part 36 Offer from a defendant be an offer in full and final settlement of the claim of £0 and for each party to bear their own costs? Would this be a valid Part 36 Offer?

Can a Part 36 Offer from a defendant be an offer in full and final settlement of the claim of £0 and for each party to bear their own costs? Would this be a valid Part 36 Offer? Part 36 comprises a self-contained procedural code about offers to settle made pursuant to its procedure (CPR 36.1). The courts have repeatedly held that, as a result, it is to the rules set out in that Part that regard must be had, and it is doubted that contractual provisions (such as, for example, concepts of mistake) will apply: Gibbon v Manchester City Council. The parties by electing to use the Part 36 procedure opt into that self-contained code. They are able to make offers outside of Part 36, to which ordinary contractual provisions will apply. The underlying policy, per Gibbon, is certainty. The form and content of Part 36 offers is governed by CPR 36.5. A Part 36 offer must be in writing, must make clear that it...

How is interest on a settlement sum dealt with where a Part 36 offer is accepted after the Relevant Period has ended?

How is interest on a settlement sum dealt with where a Part 36 offer is accepted after the Relevant Period has ended? Note: we have based this answer on the assumption that the relevant offer was made on or after 6 April 2015 and, therefore, that the revised Part 36 applies. We have Practice Notes on the position pre and post 6 April 2015 (and transition provisions) in our subtopic: Part 36 offers. A Part 36 offer to pay or to accept a sum of money in settlement of the claim will be treated as inclusive of all interest until the date on which the Relevant Period expires or, if the offer was made less than 21 days before the start of the trial, a date 21 days after the offer was made (CPR 36.5(4))). There is no requirement for a Part 36 offer to state this, although to do so adds clarity (Procter & Gamble Co v SCA [2012] EWHC 2839 (Ch)). See Practice Note:...

See the 99 Q&As about Part 36 offer

Minutes of the CPR Committee meeting—2 February 2024

The minutes of the CPR Committee (CPRC) meeting of 2 February 2024 (conducted in a fully remote format via video conference) cover a number of issues including the extension of fixed recoverable costs, the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention), and references to Judges in the Civil Procedure Rules.

CPR 36 does not apply in assessments under the Solicitors Act 1974 (Zuhri v Vardags Ltd)

Dispute Resolution analysis: Costs Judge Leonard ruled that the provisions of Part 36 had no application to an assessment of a solicitor’s bill under section 70 of the Solicitors Act 1974 (SA 1974). The solicitors had argued that their offer, expressed to be under Part 36, displaced the usual ‘one fifth rule’ in such proceedings, and that as their offer had been for a lesser sum than was found to be due at the end of the assessment, they were entitled to the benefit of the enhancement provisions under Part 36. This was rejected on the basis that Part 36 could not displace the primary statute. Written by Alice Nash, barrister at Hailsham Chambers.

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