Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial
Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial
  • Part 36 offers
  • Acceptance, withdrawal/variation and the Relevant Period
  • The claimant’s Part 36 offer
  • Options available to you
  • Accepting the claimant’s Part 36 offer
  • [Defendant is one of a number of defendants]
  • Rejecting or ignoring the claimant’s part 36 offer
  • Making a counter offer
  • Court’s discretion
  • more

Private & confidential

[insert name and address of addressee]

[insert date]

Dear [insert name of client: defendant]

[insert case heading]

As we discussed [insert when you had the discussion], I have received a Part 36 settlement offer from [insert name of claimant], a copy of which is enclosed. To help you decide whether to accept the offer I explain below what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [Once you have read this letter, please contact me as soon as possible, so that we can discuss this further to assist you in deciding how to respond to the offer.]

Part 36 offers

A Part 36 offer is an offer of settlement. The name 'Part 36' comes from Part 36 of the Civil Procedure Rules which govern this type of settlement offer. A Part 36 offer can be made before proceedings have been issued or at any time during the proceedings up to the trial. It is made on the basis that the trial judge cannot be told about it before giving judgment; usually a court is only shown a Part 36 offer once judgment has been entered or the parties have settled the case.