Hailsham Chambers

This Practice Note considers CPR 36 (Part 36 offers) and the relationship with the CPR 45 provisions on fixed costs, with particular reference to the authorities in personal injury (PI) claims (CPR, Section IIIA) and Intellectual Property Enterprise Court (IPEC) claims (CPR, Section IV). It also considers the capping of Part 36 costs under the two year capped costs pilot in the Business and Property Courts operative from 14 January 2019.

This Practice Note on Part 36 offers sets out some of the decisions on Part 36 involving multiple defendants or multiple proceedings. The judgments provide an insight into the issues the courts will consider and the interpretation of the provisions within Part 36.

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.