Q&As

Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed date of service and if the offeree denies receipt of the Part 36 (CPR 36) offer, does this affect the relevant period of the Part 36 offer?

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Published on LexisPSL on 01/03/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed date of service and if the offeree denies receipt of the Part 36 (CPR 36) offer, does this affect the relevant period of the Part 36 offer?
  • The relevant period
  • Can you serve a Part 36 offer by sending it by document exchange?
  • If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed date of service?
  • If so, and the offeree denies receipt of the Part 36 offer, does this affect the relevant period of the Part 36 offer?

Can you serve a Part 36 offer by sending it by document exchange? If so, does the ‘relevant period’ (under CPR 36.3(g)(i)) commence after the deemed date of service and if the offeree denies receipt of the Part 36 (CPR 36) offer, does this affect the relevant period of the Part 36 offer?

In conducting our research we have focussed on when the ‘relevant period’ commences for service of a Part 36 offer (CPR 36) and what happens if the offeree denies being served with the Part 36 offer.

The relevant period

CPR 36.3 states:

‘(g) “the relevant period” means—

(i) in the case of an offer made not less than 21 days before a trial, the period specified under rule 36.5(1)(c) or such longer period as the parties agree;

(ii) otherwise, the period up to the end of such trial.’

CPR 36.5(1) states:

‘(1) A Part 36 offer must—…

…(c) specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with rule 36.13 or 36.20 if the offer is accepted;…

…(Rule 36.7 makes provision for when a Part 36 offer is made.)’

See Practice Note: Part 36 offers—how to make a valid Part 36 offer.

Can you serve a Part 36 offer by sending it by document exchange?

Rather than create its own separate CPR 36 rules as to service, CPR 36.7 specifically refers

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