This Practice Note provides guidance on when a Part 36 offer can be accepted, how to accept it, the circumstances where permission from the court is required and how to obtain permission. It also provides information on whether the Offeree can accept a Part 36 offer on a conditional basis.

For practical guidance on the factors to consider when deciding whether or not to accept a Part 36 offer, see: Part 36 offers—deciding whether to accept a Part 36 offer and Accepting a Part 36 offer—checklist.

Note: A Part 36 offer can still be accepted if the offeror has made a mistake with its terms. However, the offeree should be alert to the fact that the offeror could apply to the court for permission to withdraw the Part 36 offer, rendering any acceptance void, on the basis that the mistake was obvious and readily apparent at the time of the offeree’s acceptance.

The procedure for accepting Part 36 offers is set out in CPR 36.11 and CPR 36.12. There are