Pre-6 April 2015 Letter to defendant client about making a Part 36 offer [Archived]
Pre-6 April 2015 Letter to defendant client about making a Part 36 offer [Archived]

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

  • Pre-6 April 2015 Letter to defendant client about making a Part 36 offer [Archived]

Pre-6 April 2015 Letter to defendant client about making a Part 36 offer [Archived]

ARCHIVED:

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 (Part 36 offer)

We have been considering the possibility of settlement in this matter and the different mechanisms available to achieve this. [You will recall that] one of those methods was a Part 36 offer. The purpose of this letter is to explain in more detail the potential advantages and disadvantages of such an offer.

What is a Part 36 offer?

A Part 36 offer is a written offer made by a party in an attempt to settle the matters in dispute. The name ‘Part 36’ comes from Part 36 of the Civil Procedure Rules which govern this type of settlement offer. It can deal with all of the claim, part of it or specific issues. It is therefore possible to tailor it to deal as effectively as possible with the dispute. A Part 36 offer is confidential and the trial judge will not be informed of any offer. It, therefore, has no effect on the outcome of the proceedings should the matter go to trial but may alter which party is responsible for the other party’s costs or the basis on which the amount of costs awarded are calculated.

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