Part 36 offers in PI and clinical negligence claims

Copyright © 2025 LexisNexis
Produced in partnership with Andrew Wilson
Practice notes

Part 36 offers in PI and clinical negligence claims

Copyright © 2025 LexisNexis

Produced in partnership with Andrew Wilson

Practice notes
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This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For offers made prior to this, see Practice Note: Part 36 Offers—pre-6 April 2015 [Archived].

The CPR was amended on 1 October 2023 to extend the application of fixed recoverable costs. As a result, Part 36 has been amended to cover Claims in the fast track and intermediate track and to noise-induced hearing loss claims allocated to the fast track to which fixed costs will apply where:

  1. •

    the cause of action accrues on or after 1 October 2023, or

  2. •

    in disease claims, no letter of claim has been sent before 1 October 2023

The version of CPR 36 in force before 1 October 2023 (which is no longer maintained in the CPR) can be accessed here:

For guidance on the specific rules which apply to claims which fall under the fixed costs regime including cases that have followed the Pre-Action Protocol for Low Value Personal Injury Claims

Andrew Wilson
Andrew Wilson

Consultant Solicitor

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other subjects.

He has now set up his own legal consultancy, providing advice and support to solicitors, particularly a specialist London practice, in connection with fatal accidents and very serious injury cases such as brain injury, mostly in the High Court. He has continued to develop his education and training activities, providing seminars and contributing articles and commentaries to legal information services.

Since his training, Andrew has retained a particular interest in issues of motor indemnity and the operation of the Road Traffic Act and Article 75.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Part 36 definition
What does Part 36 mean?

A part 36 offer is a settlement offer made under Part 36 of the cpr which, if made in accordance with those provisions and depending on the circumstances of its acceptance or rejection, can afford costs consequences, both advantageous and adverse.

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