Part 36—letter to client about making a Part 36 offer

Produced in partnership with Jake Coleman of Hailsham Chambers
Precedents

Part 36—letter to client about making a Part 36 offer

Produced in partnership with Jake Coleman of Hailsham Chambers

Precedents
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Note, that this Precedent and drafting note does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).

Private & confidential

[insert name and address of client]

[insert date]

Dear [insert name of client]

[insert case heading/description of the case if Pre-action]

Settlement offers under Part 36

We have been considering the possibility of settling this matter and the different ways to achieve this. [You will recall that ][one OR One] of those methods was a Part 36 offer. The purpose of this letter is to explain in more detail how such an offer works, and the potential advantages and disadvantages of making one in your case.

A Part 36 offer is a particular kind of settlement offer. By contrast, settlement offers which are not Part 36 Offers are generally called Calderbank Offers. Part 36 Offers

Jake Coleman
Jake Coleman

Barrister, Hailsham Chambers


Jake is a highly sought-after junior barrister specialising in professional negligence, clinical negligence and costs. He represents both claimants and defendants, appearing regularly in both the High Court and County Courts.  

Jake is frequently instructed in very high value, complex claims both as a junior and as sole counsel. Clients often praise him for his eye for detail, thoroughness of preparation and his rapport with clients.

Before completing pupillage at Hailsham in 2016, Jake spent a year working at a law firm in New York specialising in commercial litigation and two years working for the Medical Protection Society in London. Jake is a contributor to Friston on Costs (4th edn, 2023)

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Jurisdiction(s):
United Kingdom
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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