Part 36 offer Definition

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Claimant receiving a defendant's Part 36 offer—checklist

Claimant receiving a defendant's Part 36 offer—checklist This Checklist on receiving a Part 36 offer identifies the key factors that a claimant should consider on receipt of a defendant’s Part 36 offer. Consideration Guidance Further information Relevant period The claimant should calculate the date when the relevant period expires for accepting the defendant’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 defendant’s Part 36 offer. There may also be costs consequences if the defendant’s Part 36 offer is not accepted and the claimant fails to obtain a judgment that is more advantageous than the defendant’s Part 36 offer (CPR 36.17(1)(a)). 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—claimant not accepting a defendant's Part 36 offer. Validity...

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...

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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]

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...

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Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial

Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial Note: This Precedent does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). Private & confidential [insert name and address of addressee] [insert date] Dear [insert name of client: defendant] [insert case heading] As we discussed [insert when you had the discussion], I have received a Part 36 settlement offer from [insert name of claimant], a copy of which is enclosed. To help you decide whether to accept the offer I explain below what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [Once you have read this letter, please contact me...

Defendant’s Part 36 offer—liability only

Defendant’s Part 36 offer—liability only Dear [insert organisation name] WITHOUT PREJUDICE SAVE AS TO COSTS This is a defendant’s offer, made pursuant to CPR Part 36. If the offer is accepted within [21] days, the Defendant will be liable for the Claimant’s costs in accordance with Rule 36.13. Terms of the offer This offer relates to the issue of liability only. The Defendant is willing to settle

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If a Part 36 offer is accepted out of time pre-issue in a road traffic accident claim, is the Defendant entitled to the payment of their costs from the expiry of the offer even if the claim has not moved forward a stage? If so, can the Defendant request that their costs are paid out of the Claimant's damages?

If a Part 36 offer is accepted out of time pre-issue in a road traffic accident claim, is the Defendant entitled to the payment of their costs from the expiry of the offer even if the claim has not moved forward a stage? If so, can the Defendant request that their costs are paid out of the Claimant's damages? For the purposes of this Q&A it is assumed that the claim remains under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol). Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) The aims of the Protocol under para 3.1 is to ensure that: ‘(1) the defendant pays damages and costs using the process set out in the Protocol without the need for the claimant to start proceedings; (2) damages are paid within a reasonable time; and (3) the claimant's legal representative receives the fixed costs at each appropriate stage.’ The aims do not therefore include scenarios...

How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial?

How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial? Under CPR 36.13(4), the qualified one-way costs shifting (QOCS) protection for a claimant who does not accept a Part 36 offer within 21 days is essentially lost save to the extent that the defendant’s costs exceed the amount of the offer. Depending on the value of the claim and the level of costs incurred, the claimant may be gambling the entirety of his damages against the chance of beating the defendant’s offer. Where a claimant with QOCS protection loses his case, a costs order in the defendant’s favour is made, which is not enforceable unless either court permission is given or it falls under CPR 44.14(1) (a Part 36 offer has not been beaten) or CPR 44.15 (claim has been struck out). That costs order is not to be treated as an unsatisfied or outstanding judgment for the purposes of any court record

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Property Disputes weekly highlights—12 June 2025

This week's edition of Property Disputes weekly highlights includes an analysis of a case where the Technology and Construction Court clarified the limits of recoverable loss claims for damages under the Defective Premises Act 1972, an Upper Tribunal decision overturning a remediation order citing procedural irregularities, a Court of Appeal decision on whether secured debts incurred prior to a debt moratorium are excluded, and a High Court decision dismissing a beneficial interest claim in a civil recording and possession claim under the Proceeds of Crime Act 2002.

Court dismisses the defendant’s request for approval of settlement against the claimant’s wishes (Forsyth v Howson)

PI & Clinical Negligence analysis: Her Honour Judge Claire Evans (sitting as a High Court Judge) refused the defendant’s application to approve the settlement. The court examined the principles of litigation and financial capacity, referencing caselaw such as Dunhill v Burgin and Coles v Perfect to determine the appropriateness of invoking the inherent jurisdiction. This case is unlike any other reported case in this area because the request for approval of the settlement was not made or supported by the claimant’s legal representatives. Written by Amy Rollings, barrister at Nine Chambers.