This Practice Note provides guidance on when a Part 36 offer can be accepted, how to accept it, the circumstances where permission from the court is required and how to obtain permission. It also provides information on whether the offeree can accept a Part 36 offer on a conditional basis. For practical guidance on the factors to consider when deciding whether or not to accept a Part 36 offer, see: Part 36 offers—deciding whether to accept a Part 36 offer and Accepting a Part 36 offer—checklist. Note: A Part 36 offer can still be accepted if the offeror has made a mistake with its terms. However, the offeree should be alert to the fact that the offeror could apply to the court for permission to withdraw the Part 36 offer, rendering any acceptance void, on the basis that the mistake was obvious and readily apparent at the time of the offeree’s acceptance. The procedure for accepting Part 36 offers is set out in CPR 36.11 and CPR 36.12. There

This Practice Note explains what a Part 36 offer must include, who the offer must be made to, the additional requirements for a defendant Part 36 offer and making a Part 36 offer in relation to part of the claim or in respect of a particular issue in the claim. It considers making a Part 36 offer where there are multiple parties, the requirement for a relevant period (being no less than 21 days) and how interest is dealt with. It also covers making a Part 36 offer where one party is a litigant in person as well as making a Part 36 offer which includes a non-monetary element. What a Part 36 offer must include A valid Part 36 offer does not need to be set out in a letter; a party may instead use Form N242A (CPR PD 36, para 1.1). In any event, in accordance with CPR 36.5 and further to the diagram above, the offer must: • be in writing—this includes email, however, express

This Practice Note provides information on Part 36 offers where there are multiple parties or multiple proceedings. It notes relevant case law and provides practical guidance on the key points to consider in these types of cases. Multiple parties and proceedings complicate Part 36 Part 36 offers can be made in proceedings involving multiple parties and/or multiple actions. However, in cases involving multiple parties, it can be more difficult for the parties to consider whether and how to make such an offer. For information on the specific points to consider when making a Part 36 offer in a case involving multiple parties, see Practice Note: Part 36 offers—how to make a valid Part 36 offer—Making a Part 36 offer in cases involving multiple parties. In Zagora Management v Zurich Insurance (2019), the judge determined the costs payable in a multi-party claim where various settlement offers (none by way of Part 36) had been made but not accepted. It was held that there was no good reason why the defendant could not

This Practice Note provides information on pre-action costs recovery under Part 36, explaining when pre-action costs can be recovered under Part 36 and what happens if a Part 36 offer is made and accepted before proceedings commence. Can pre-action costs be recovered under Part 36? Yes. On 6 April 2015, the CPR was amended to codify previously established case law which had stated that pre-action costs were recoverable under Part 36 (see the Court of Appeal decision in Solomon v Cromwell Group (2011)). The rules now expressly provide that costs recovery under Part 36 includes ‘recoverable pre-action costs’ (see below regarding the extent to which costs are ‘recoverable’). The relevant rules are: • CPR 36.7(1)—which states that a Part 36 offer may be made at any time, including before the commencement of proceedings • CPR 36.13(1)—in respect of a claimant’s costs recovery where a Part 36 offer is accepted within the relevant period • CPR 36.17(3)(a)—in respect of a defendant’s costs recovery where a defendant's Part 36 offer is not accepted and the claimant

This Practice Note provides information on how to serve a Part 36 offer, notice of acceptance, variation or withdrawal. It also covers when service under Part 36 is effective and service requirements. How to serve a Part 36 offer A Part 36 offer is made when it is served on the offeree (CPR 36.7(2)). Rather than create its own separate rules as to service, CPR 36.7 specifically refers to the general rules about service of documents under CPR 6. It is therefore important to understand the general rules on service of documents other than the claim form. See below. Note, where there is a legal representative acting for the offeree, the Part 36 offer must be served on that legal representative (CPR PD 36, para 1.2). For an illustration of how issues of service can threaten the validity of a Part 36 offer see the decision in Kings Security Systems v King (2021). In this case, the claimant’s Part 36 offer was sent by email on 27 June 2019 at 5.21

This Practice Note considers Part 36 offers in split trial cases noting the additional factors that are relevant when making or receiving a Part 36, particularly with regard to disclosure and acceptance of Part 36 offers. Note, CPR 36.12, CPR 36.16(3)(d) and CPR 36.16(4) contain additional specific rules relevant to Part 36 offers in split trial cases. Why have specific provision for split trial cases? CPR 36.2(3) confirms that a party can make a Part 36 offer in respect of 'the whole or part of, or any issue that arises in a claim, counterclaim or other additional claim, or an appeal or cross appeal from a decision made at trial'. It is clear and, indeed, anticipated that parties may make Part 36 offers which are limited to individual issue(s) and which may be decided at separate trials. Examples might be a Part 36 offer limited only to liability or quantum or on a specific issue such as, eg limitation. Equally, the offeror may make a Part 36 offer to encompass both liability and quantum,

This Practice Note information on when and how a Part 36 offer can be varied. It also notes the consequences of variation and provides practical illustrations. CPR 36.9 and CPR 36.10 set out when and how a Part 36 offer can be varied and the consequences of so doing so. Why vary a Part 36 offer? The offeror may be tempted to leave a Part 36 offer in the background for acceptance, ready to do its damage if not accepted and beaten at trial. However, such strategy (or absence of strategy) can prove costly. This may be particularly so if there are developments in the litigation which make it more likely that the offeree will accept the offer when its terms are no longer favourable to the offeror. It is important therefore for Part 36 offer(s) to be closely monitored and kept under constant review. Although the outcome for the claimant in Bentley Design Consultants v Sansom (2018) was positive, the case demonstrates how litigation can change and the possible impact this

This Practice Note considers the purpose of Part 36, what a Part 36 offer is and the reasons for making a Part 36 offer. It also provides information on making a request for clarification of a Part 36 offer and the costs consequences for both claimants and defendants in making and accepting Part 36 offers. Note, this Practice Note covers the current rules post 1 October 2023. For information on specific provisions prior to 1 October 2023 regarding Part 36 offers in fixed costs cases, see Practice Note: Part 36 offers—fixed costs (position prior to 1 October 2023). For information on Part 36 offers in civil cases that come within the fixed costs regime on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). The purpose of Part 36 offers CPR 36 provides a codified means for parties to make offers to settle civil disputes. Its purpose is to ensure certainty both in terms of the nature and effect of offers

This Practice Note considers when the usual Part 36 costs consequences may be considered by the court to be unjust. It notes the factors listed in CPR 36.17(5) which the court will take into account and considers case law on this topic. Note, the fixed recoverable costs regime applies to most civil cases with a value of no more than £100,000, which are issued on or after 1 October 2023 (other than personal injury and disease claims). For personal injury claims, the extended fixed recoverable costs regime applies where the cause of action accrued on or after 1 October 2023 and for disease claims it applies where no letter of claim has been sent before 1 October 2023. For civil cases that come within the extended FRC regime, CPR 36.23 is in respect of the costs consequences of acceptance of a Part 36 offer and CPR 36.24 is in respect of the costs consequences following judgment, where there are some modifications to CPR 36.17. This Practice Note sets out the general provisions

This Practice Note considers who can make a Part 36 offer and when such an offer can be made. It also considers making a Part 36 offer in respect of a counterclaim, making a Part 36 in appeal proceedings and making a Part 36 offer in relation to a specific issue or part of a claim. Who can make a Part 36 offer? CPR 36.2(3) provides that a Part 36 offer can be made in respect of the whole or part of, or any issue that arises in: • a claim, counterclaim or other additional claim, or • an appeal or cross-appeal from a decision made at trial It is therefore clear that any party to a claim can make a Part 36 offer, whether they are a claimant, defendant, Part 20 claimant or Part 20 defendant. This includes an appellant or a respondent in appeal proceedings on an appeal from a trial. For further information, see: Making a Part 36 offer in appeal proceedings. When can a Part 36

This Practice Note explains why, when and how the offeror can withdraw a Part 36 offer. It also notes when permission is required, to whom the application should be made and the effect of withdrawing a Part 36 offer. Why withdraw a Part 36 offer? Where a Part 36 offer is withdrawn, the consequences following judgment under either CPR 36.17(3) (defendant’s entitlement) or CPR 36.17(4) (claimant’s entitlement) will not apply (CPR 36.17(7)(a)). This means that the offeror will not have the costs benefits, which they otherwise would have done, from making a Part 36 offer that is successful at trial. However, there may good reason(s) for withdrawing a Part 36 offer, eg new evidence may have come to light meaning that the Part 36 offer no longer corresponds with the actual value of the claim and/or is no longer beneficial in respect of its terms. In such circumstances, the offeror may look to withdraw its Part 36 offer to make sure that the offeree cannot accept it. If there is an obvious and apparent

Note: this Precedent is a claimant Part 36 offer letter; it 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). [insert name and address of defendant or defendant's legal representative] [insert date] Without prejudice—save as to costs Dear [insert organisation name] [Pre-action] Part 36 offer [Claimant v Defendant—Case number] We refer to the above [potential] matter in which we act for [insert name of your client]. [Our client is confident that it is entitled [insert brief nature/details of dispute] but because [insert explanation as appropriate] we have been instructed to put forward an offer under Part 36 of the Civil Procedure Rules (‘the Offer’). For the avoidance of doubt, this Offer is made pursuant to Part 36. OR Our client wishes to seek to resolve this matter amicably and we have been instructed to put forward an offer under Part