Part 36—letter to client about making a Part 36 offer
Produced in partnership with Jake Coleman of Hailsham Chambers
PrecedentsPart 36—letter to client about making a Part 36 offer
Produced in partnership with Jake Coleman of Hailsham Chambers
PrecedentsNote, 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
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