Jake Coleman

This Practice Note provides information on making and receiving a Part 36 counter-offer, its effect on existing Part 36 offers and its effect on other offers of settlement that are not made by way of Part 36.

This Practice Note explains what a Part 36 offer must include, who the offer must be made to, the additional requirements for a defendant Part 36 offer and making a Part 36 offer in relation to part of the claim or in respect of a particular issue in the claim. It also considers making a Part 36 offer where there are multiple parties, the requirement for a relevant period (being no less than 21 days), how interest is dealt with, making a Part 36 offer where one party is a litigant is in person and making a Part 36 offer which includes a non-monetary element.

This precedent claimant Part 36 offer letter gives guidance on drafting a claimant’s Part 36 settlement offer letter. It covers the form of the offer and what to include in such an offer, including its terms, its ‘without prejudice save as to costs’ status, the relevant period, the costs consequences, interest, any Tomlin order, failure to accept, clarification and confirmation of receipt. It also considers where the offer is made pre-action and the prospect of a pre-action Part 36 settlement resulting. It does not cover specific CPR 36 provisions in respect of fixed costs.

This precedent defendant Part 36 offer letter gives guidance on drafting a defendant’s Part 36 settlement offer letter. It covers the form of the offer and what to include in such an offer, including its terms, its ‘without prejudice save as to costs’ status, the relevant period, the costs consequences, interest, any Tomlin order, failure to accept, clarification and confirmation of receipt. It does not cover specific CPR 36 provisions in respect of fixed costs.

This Precedent and drafting note is for use when writing to a client about the possibility of their making a Part 36 offer to settle their claim. It is drafted on the basis of a straight forward dispute but may be amended accordingly to fit the specifics of the case, whether for a claimant client or a defendant client.