Jurisdiction(s):
United Kingdom

CPR Part 36 settlement offers: scope, drafting, relevant periods, service, split trials, interest, withdrawal and variation—practitioners’ checklist (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Checklists

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 costs of any subsequent appeal from that decision (CPR 36.4(1)).

Further information

For additional detail, see Practice Note: Part 36 offers—who can and when to make them?...

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Web page updated on 20/05/2026

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