TOLATA 1996—Part 36 offers
TOLATA 1996—Part 36 offers

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

  • TOLATA 1996—Part 36 offers
  • What is a Part 36 offer?
  • Part 36—2015 reforms
  • What are the requirements for a valid Part 36 offer?
  • When can a Part 36 offer be made?
  • Can a Part 36 offer be withdrawn or amended?
  • After expiry of the relevant period
  • During the relevant period
  • What are the costs consequences of Part 36?
  • Costs consequences of accepting a Part 36 offer
  • More...

What is a Part 36 offer?

A Part 36 offer is an offer to settle a claim, counterclaim or other additional claim (or any part or issue thereof) or an appeal or cross-appeal from a decision made at trial which, if made in accordance with the provisions of Part 36 of the Civil Procedure Rules 1998 (CPR), SI 1998/3132, carries certain costs consequences if and when accepted. Conversely, it carries certain costs consequences if not accepted at all, depending on the ultimate outcome of the case.

While either party may rely on an offer to settle made without prejudice save as to costs in support of a costs argument at the end of a case, such non-compliant offers will not have the consequences of Part 36, which provides a more formalised regime for settlement.

In relation to a Part 36 offer:

  1. the party who makes an offer is the offeror

  2. the party to whom an offer is made is the offeree

A Part 36 offer, like any offer made without prejudice save as to costs, will not be shown to the trial judge until the case has been decided, but will be disclosed when it comes to arguments about costs. It therefore provides a very useful tactical weapon for a party wishing to attempt settlement without potentially compromising their case.

That said, the judge can be shown a Part

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