Part 36 offers—what are they, why make them?
Produced in partnership with David Juckes, Barrister of Hailsham Chambers
Part 36 offers—what are they, why make them?

The following Dispute Resolution guidance note Produced in partnership with David Juckes, Barrister of Hailsham Chambers provides comprehensive and up to date legal information covering:

  • Part 36 offers—what are they, why make them?
  • Which set of CPR 36 rules apply?
  • The purpose of Part 36 offers
  • Part 36 is a self-contained code
  • Part 36 precedents
  • What is a Part 36 offer?
  • Reasons for making a Part 36 offer
  • Request for clarification
  • Part 36 costs consequences—general points
  • Costs consequences of claimant making a Part 36 offer
  • more

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional provisions, see Practice Note: Illustrating the changes—the transitional provisions for the revised Part 36 in force as of 6 April 2015.

This Practice Note explains what a Part 36 offer is, the reasons behind making one and the costs consequences of Part 36 offers made by claimants and defendants, as considered under the CPR 36 in effect as of 6 April 2015.

Which set of CPR 36 rules apply?

A revised CPR 36 came into force on 6 April 2015 replacing the old set of rules governing Part 36 offers. See News Analysis: The New Rule 36 in force from 6 April 2015 for an analysis of the revised regime.

For a Part 36 offer made on/after 6 April 2015, therefore, the revised CPR 36 rules apply and all references to provisions of CPR 36 in this Practice Note are, unless specifically stated otherwise, references to the CPR 36 in force as of 6 April 2015.

To understand the changes as between the pre-6 April 2015 regime and the revised CPR 36 in force as of that date, see Practice Note: April 2015 revisions to CPR 36—table of changes.

Part 36 offer made before 6 April