Q&As

Can a Part 36 offer to settle a bill of costs be inclusive of interest and assessment costs?

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 04 July 2022

CPR 36 is a self-contained procedural code about offers to settle made pursuant to its terms (CPR 36.1(1)). It contains various rules as to the making of offers which have particular consequences if accepted or if bettered at trial. It does not apply to small claims (CPR 27.2(1)(g)), but otherwise applies to claims, counterclaims and additional claims (CPR 36.2(3)(a)). Separate provisions within CPR 36 apply to RTA Protocol and EL/PL Protocol claims.

The requirements as to the form and content of a Part 36 offer are set out in CPR 36.5. CPR 36.5(4)

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).