Part 36 offer meaning

ARCHIVED: This checklist is kept for historical reference only. It sets out Part 36 of the CPR as it applied before 6 April 2015. Where you have received a Part 36 offer on or from 6 April 2015, you should consult CPR 36 in force and our Practice Notes, Checklists and Precedents dealing with this, see: Part 36 offers—overview. If you are in receipt of a Part 36 offer that pre-dates 6 April 2015, then the version of the Part 36 rules that was in force before that date applies...

This Checklist on making a Part 36 offer identifies the key factors that should be considered when drafting a Part 36 offer. Consideration What a Part 36 offer can be made in relation to You may frame a Part 36 offer to cover the entirety of the claim, a defined part, or a particular issue. It can likewise address a counterclaim or any additional claim, and it may extend to an appeal or cross-appeal arising from a trial judgment. However, a Part 36 offer is not available for an appeal against an interlocutory ruling. Guidance When to make a Part 36 offer An offer under Part 36 can be served at any point, whether before proceedings are issued or once they are underway (CPR 36.7(1)). Where a matter proceeds to appeal, a new Part 36 offer should be advanced because the Part 36 consequences attach only to the costs of the proceedings in which the offer is made, and do not extend to the...

Scenario Guidance Part 36 offers made pre-action This Checklist examines the costs consequences under Part 36, covering the distinct outcomes for claimants and defendants following judgment pursuant to CPR 36.17. It does not extend to the particular Part 36 provisions that apply only to fixed costs cases. For details of the Part 36 consequences for fixed costs matters issued on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). For a tabular overview of leading Part 36 rulings, see Practice Note: Part 36 costs—key and illustrative decisions. A Part 36 offer may be made at any time, including before court proceedings begin (CPR 36.7(1)). Where the claimant makes a Part 36 offer, it should provide for the defendant to pay the claimant’s costs, including the claimant’s pre-action costs, even if the dispute settles before proceedings are commenced. If the defendant does not pay the agreed sum of money or the costs (or both), the claimant may issue...

In this issue: Key PI and Clinical negligence developments Road traffic accidents Clinical negligence Proving negligence or breach of statutory duty Costs and funding Part 36 offers Starting and managing online claims Service in England and Wales Other PI and Clinical negligence developments LexisNexis® PI & Clinical Negligence Quantum Database LexisNexis® Quantum Portal LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and Clinical negligence developments ONS releases 2025 annual survey for hours and earnings figures The Office for National Statistics (ONS) has issued provisional 2025 findings and metrics on workers’ pay and hours, based on the annual survey of hours and earnings. These outputs set out yearly estimates of paid hours and remuneration for employees across the UK, broken down by sex and employment status, covering full-time and part-time roles. See: LNB News 23/10/2025 34...

In this issue: Key DR developments Cost and funding Cross-border disputes Pre-action and limitation Litigation Evidence and disclosure Settlement Scottish Dispute Resolution New Content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Reports and speeches CTJ publishes the Commercial Court’s annual report for 2024–2025: The Courts and Tribunals Judiciary (CTJ) has released the Commercial Court’s 2024–2025 annual report, spanning the Commercial Court, Admiralty Court and the London Circuit Commercial Courts. The document covers the work undertaken across those three courts in 2024–2025. It records that intake of new claims remained broadly steady, with 1,140 claims lodged, set against 1,174 the year before. By contrast, activity in the Commercial Court eased a little: hearings listed stood at 1,091 and effective hearings at 773, compared with 1,251 and 884 respectively in the preceding year. For further detail, see: CTJ publishes Commercial Court annual report 2024–25—LNB News...

Original news Civil Procedure (Amendment No 8) Rules 2014, LNB News 18/12/2014 152 SI 2014/3299: The Civil Procedure Rules 1998, SI 1998/3132 (CPR) are revised to reflect established case law on Part 36 with effect from 6 April 2015. What are the principal amendments to CPR, Pt 36 arising from the Civil Procedure (Amendment No 8) Rules 2014? The measures are wide-ranging in the circumstances they touch, and in several respects they codify existing case law. The key changes are as follows. CPR 36.2(3) clarifies that Part 36 applies to additional claims and to counterclaims, so a counterclaimant who makes an offer may rely on the claimant-offer consequences, including an entitlement to costs if the offer is accepted. CPR 36.4 states that a Part 36 offer can be made in both first-instance and appeal proceedings, but it is effective only in the proceedings where it is made. For instance, a Part 36 offer made at first instance will not take effect on the appeal, and...

This Practice Note explores what is required for a legally binding offer. It covers: the meaning of ‘offer’ how to distinguish an offer from an invitation to treat, with common examples types of offer, ie proposals ‘subject to contract’, heads of terms, and unilateral contracts the ways in which offers can be terminated For practical guidance on valid acceptance, see Practice Note: Forming contracts—acceptance. For the court’s general approach to contract formation, see Practice Note: Forming enforceable contracts—the court's general approach. Note: Part 36 settlement offers made under CPR 36 fall outside the usual rules of contract law and are governed by the specific regime set out in CPR 36. For guidance on what constitutes a valid Part 36 offer, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. The elements of a legally binding offer the offeror has, on an objective assessment, the intention that the offer will be binding upon...

This Practice Note This Practice Note sets out what an offeree should reflect upon when deciding whether to accept a Part 36 offer, including the implications of accepting before or after the lapse of the relevant period. It also covers payment on account of costs, Part 36 acceptance in split trial cases, and Part 36 acceptance where there are multiple defendants. Note that this Practice Note addresses the Part 36 costs consequences for civil matters outside the fixed costs regime. Nonetheless, many of the same principles apply in fixed costs cases when a party considers whether to accept a Part 36 offer. For details on the particular Part 36 costs consequences 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). To reach an informed view on acceptance, the offeree should understand both the general rule on costs and the specific costs consequences of accepting, or not accepting, a Part...

ARCHIVED: This Practice Note is archived and no longer updated. It is retained solely for historical context, as it outlines CPR Part 36 as it stood before 6 April 2015. If you have received, or are proposing, a Part 36 offer on or after 6 April 2015, you should consult the CPR 36 currently in force together with the relevant Practice Notes and Precedents. See Practice Note: Part 36 offers in PI and clinical negligence claims and Part 36 offers—overview. Where a Part 36 offer was made or received before 6 April 2015, the pre‑6 April 2015 Part 36 regime continues to apply. A copy of the pre‑6 April 2015 Part 36 rules can be accessed here: If a Part 36 offer predates 6 April 2015 but any trial of part of the claim, or any issue within it, is listed to begin on or after 6 April 2015, you will need to consider the new CPR 36 in relation to acceptance, disclosure, and definitions...

ARCHIVED: [ insert name and address of claimant’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 write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Our client is satisfied that your client’s claim cannot be sustained OR Our client wishes to resolve this issue amicably OR Our client recognises the requirements of the Civil Procedure Rules for parties to seek to settle their disputes ], and we are instructed to advance an offer pursuant to Part 36 of the CPR ('the Offer'). For the avoidance of doubt, the Offer is made with the intention that the consequences set out in Section I of Part 36 shall apply...

Note: This Precedent does not address in any way CPR 36 rules that apply solely to fixed costs cases. For guidance on Part 36 offers in fixed costs cases, refer to 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 and confidential [ Insert name and address of addressee ] [ insert date ] Dear [ insert name of client—claimant ] [ Insert case heading ] Further to our discussion, I have now received a ‘Part 36 offer’ from [ insert name of defendant ], and I enclose herewith a copy. This letter is intended to assist you in deciding whether to accept the proposal; accordingly, I have set out below what a Part 36 offer is, what the defendant has proposed to you, and the potential consequences of accepting or declining it. [ After reading this letter, please contact me promptly so that we can discuss matters further and help...

Note: This precedent does not include CPR 36 provisions that concern fixed costs cases specifically. For details on Part 36 offers in fixed costs matters, 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 addressee ] [ insert date ] Dear [ insert name of client: defendant ] [ insert case heading ] As discussed [ insert when you had the discussion ], I have received a Part 36 settlement proposal from [ insert name of claimant ], and enclose a copy. To help you decide whether to accept, I outline below what a Part 36 offer is, what the claimant is proposing, and the implications of accepting or refusing this offer. [ Once you have reviewed this letter, please contact me promptly so we can talk it through and assist you in deciding how to respond to...

For this Q&A, it is assumed that the claim continues within the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol). Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) Under paragraph 3.1, the Protocol’s objectives are to ensure that: the defendant meets damages and costs through the process prescribed by the Protocol, without the claimant having to issue proceedings; damages are paid within a reasonable period; and the claimant’s legal representative is paid the fixed costs at each relevant stage. Accordingly, the aims do not extend to circumstances in which a defendant may recover costs...