Q&As

If, in pre-action communications, a prospective claimant makes a Part 36 offer to a prospective defendant and in the process copies in a third party, are there any privilege or disclosure issues that could arise and risk the Part 36 offer being shown to the court before judgment?

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Published on LexisPSL on 04/04/2017

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

  • If, in pre-action communications, a prospective claimant makes a Part 36 offer to a prospective defendant and in the process copies in a third party, are there any privilege or disclosure issues that could arise and risk the Part 36 offer being shown to the court before judgment?

If, in pre-action communications, a prospective claimant makes a Part 36 offer to a prospective defendant and in the process copies in a third party, are there any privilege or disclosure issues that could arise and risk the Part 36 offer being shown to the court before judgment?

CPR 36.16 deals with disclosure of the existence and terms of Part 36 offers, which are a distinct form of offer relating to the settlement of civil proceedings.

A Part 36 offer which complies with the requirements of CPR 36.5 is treated as being 'without prejudice save as

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