Q&As

Who can make Part 36 offers and what is the position in costs proceedings (eg detailed assessment provisions)?

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Published on LexisPSL on 25/08/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Who can make Part 36 offers and what is the position in costs proceedings (eg detailed assessment provisions)?
  • General position
  • Part 36 offers in relation to costs

Who can make Part 36 offers and what is the position in costs proceedings (eg detailed assessment provisions)?

General position

Part 36 of the Civil Procedure Rules (CPR) is a self-contained procedural code about offers to settle made in contemplation of or during the course of litigation. For further information on the procedural requirements for a Part 36 offer, see Practice Note: Part 36 offers—what are they, why make them?

As indicated in Who may make a Part 36 offer: Cook on Costs [20.5], CPR 36.3 clearly refers to parties being the 'offeror' and the 'offeree' and that these are the only contemplated persons who may make a Part 36 offer. This is confirmed by the

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