Illustrating the changes—varying Part 36 offers—CPR 36 revisions as of 6 April 2015 [Archived]
Illustrating the changes—varying Part 36 offers—CPR 36 revisions as of 6 April 2015 [Archived]

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Illustrating the changes—varying Part 36 offers—CPR 36 revisions as of 6 April 2015 [Archived]
  • What happens when a Part 36 offer is varied to make it more advantageous to the offeree?
  • Claimant's Part 36 offer
  • Defendant's Part 36 offer
  • What happens when a Part 36 offer is varied to make less advantageous to the offeree
  • Claimant's Part 36 offer
  • Defendant's Part 36 offer

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note illustrates the CPR 36 provisions for varying Part 36 offers resulting from the re-writing of CPR 36 in April 2015. It forms part of a series of Practice Notes that were produced for the joint LexisNexis and St Philips Commercial series of seminars on the revisions to Part 36 that took place in Leeds, Birmingham and London in January 2015. To access all the materials and the recorded version of the April 2015 London Part 36 event please visit our LexisNexis Dispute Resolution blog and sign-up.

For other Practice Notes in this series on the revised CPR 36, please see our related content links on the right hand side.

What happens when a Part 36 offer is varied to make it more advantageous to the offeree?

CPR 36.9(5) provides that if you vary a Part 36 offer so as to make it more favourable to the offeree, this is treated as being a new Part 36 offer (with a new relevant period) and the original Part 36 offer is not withdrawn. This is a brand new provision. Here we consider what lies behind the CPR 36.9(5).

For the first time we now have a provision in Part 36, in the form of CPR 36.9(5), that provides:

'(5)    Where the offeror changes the terms of a Part

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