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Part 36 definition

What does Part 36 mean? In practice, “Part 36” refers to the formal settlement-offer regime for civil litigation in England and Wales. Set out in cpr Part 36 (a self-contained procedural code interpreted by case law), it governs Part 36 offers—compliant written offers to settle that can be made by claimants or defendants at any time, including pre-action and on appeal. Key features include strict form and service requirements; a “relevant period” (typically 21 days); and acceptance resulting in judgment or a stay on agreed terms. The timing of acceptance, or whether the offer is beaten at trial, triggers prescribed costs and interest...

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CPR Part 36 reforms from 6 April 2007: key changes and transitional provisions (England and Wales) [Archived]

Practice notes
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ARCHIVED: This Practice Note is no longer updated or maintained. It is kept for historical Reference, outlining the changes to CPR 36 effective from 6 April 2007, to differentiate that Law from the position before 6 April 2007. Later amendments to CPR 36 are not included in this note, but are covered within our general practice notes on service...

Key changes to Part 36

In 2005, a number of decisions suggested that defendants who were ‘good for the money’ did not need to pay funds into court. In consequence, Part 36 of the CPR was rewritten, with the revised provisions going further than the DCA’s consultation proposals. The rules provide:

  • it is no longer required for a defendant wishing to make a Part 36 offer to pay money into court...
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