David Juckes

This Practice Note considers CPR 36 and pre-action costs, explaining when you can recover pre-action costs under Part 36 and what happens if a Part 36 offer is made and accepted before proceedings commence (such that there are no substantive proceedings).

This Practice Note explains what a Part 36 offer is, the reasons behind making one and the costs consequences of Part 36 offers made by claimants and defendants, including no requirement for a payment into court, Part 36 costs where costs limited to fees, complex Part 36 scenarios; as considered under the CPR 36 in effect as of 6 April 2015.

This Precedent claimant Part 36 offer letter is based on CPR 36. It 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.

This Precedent defendant Part 36 offer letter is based on CPR 36 in force on 6 April 2015. It 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.