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PRECEDENTS
ARCHIVED: 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 have explained what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [I am of course very happy to talk you through the issues again if that would be helpful.] I would note that the existence of, and any details regarding, this offer will not be made known to the court until the claim is concluded and so it will not affect the outcome at trial. Where the offer may be relevant is in relation to costs. The court can take into account the conduct of the parties when it deals with the issue of costs and this
PRECEDENTS
ARCHIVED Private & confidential [insert name and address of client] [insert date] Dear [insert name of your client] [insert the 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 to the defendant to settle matters in dispute. 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
CHECKLISTS
ARCHIVED: This Checklist is for historical reference only. It explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes, Checklists and Precedents covering this, see: Part 36 offers—overview. If you are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April 2015
CHECKLISTS
ARCHIVED: This Checklist is for historical reference only. It explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes, Checklists and Precedents covering this, see: Part 36 offers—overview. If you are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April 2015 then
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April 2015
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April 2015
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it explains Part 36 of the CPR as it was in force prior to 6 April 2015. If you have received or are making a Part 36 offer on or after 6 April 2015 you need to refer to the current in force CPR 36 and our Practice Notes and Precedents covering this, see: Part 36 offers—overview. If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 then the Part 36 rules in force prior to that date apply. You can access a copy of the pre-6 April 2015 Part 36 rules here: If you have made or are in receipt of a Part 36 offer which pre-dates 6 April 2015 but where a trial of any part of the claim or any issue arising in it is due to start on or after 6 April 2015 then you
PRACTICE NOTES
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY. It considers the attachment of earnings regime under CCR Ord 27 prior to 6 April 2016 and the introduction of CPR 89. For all attachment of earnings applications made on or after 6 April 2016, apply under CPR 89. See Practice Note: How to apply for an attachment of earnings order and related content. A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings order (AE Order) which, in effect, directs the judgment debtor's employer to pay a certain portion of the judgment debtor's salary or wages to a collecting officer for payment on to the judgment creditor. Attachment of earnings orders are governed by CCR Ord 27 and the Attachment of Earnings Act 1971. They are not hugely popular as an effective means of judgment enforcement, however, the threat of seeking an AE Order can sometimes be sufficient to prompt an unwilling judgment debtor to pay up rather