Part 36 offers—how to make a valid Part 36 offer
Produced in partnership with Jake Coleman of Hailsham Chambers
Part 36 offers—how to make a valid Part 36 offer

The following Dispute Resolution practice note produced in partnership with Jake Coleman of Hailsham Chambers provides comprehensive and up to date legal information covering:

  • Part 36 offers—how to make a valid Part 36 offer
  • Part 36 precedents
  • What a Part 36 offer must include
  • Construing Part 36 offers
  • Making a valid Part 36 offer—‘made pursuant to Part 36’
  • Making a Part 36 offer—defendants’ offers
  • Making a Part 36 offer in relation to part only of a claim
  • Making a Part 36 offer in cases involving multiple parties
  • The Relevant Period (minimum 21 days)
  • The Relevant Period—offers made less than 21 days before trial
  • More...

Part 36 offers—how to make a valid Part 36 offer

Part 36 precedents

You may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part 36 offer. If so, our precedents and associated drafting notes will assist. See for example:

  1. Part 36—letter to client about making a Part 36 offer

  2. Claimant's Part 36 offer letter

  3. Part 36 offer—defendant Part 36 offer letter

What a Part 36 offer must include

A valid Part 36 offer does not need to be set out in a letter; a party may instead use form N242A. In any event, the offer must:

  1. be in writing—this includes email, but only where there has been express confirmation that email communications will be accepted by the other side

  2. make clear it is made pursuant to Part 36—as explained below, there is now no specific requirement as to the wording that must be used

  3. specify a ‘relevant period’ of acceptance—if made 21 or more days before trial starts specify a period of not less than 21 days (the Relevant Period) during which the defendant will be liable for the claimant’s costs in accordance with CPR 36.13 if the offer is accepted

  4. state what it relates to—state whether the offer relates to the whole of the claim, part of it or to an issue that arises

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