Jurisdiction(s):
United Kingdom

CPR Part 36 offers and costs consequences: practical checklist covering pre-action, acceptance, rejection, multiple defendants, fixed costs, detailed assessment and split trials (England and Wales)

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Checklists

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 Part 8 proceedings seeking judgment for the sum of money and/or the costs. For further information, see Practice Note:...

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Web page updated on 22/05/2026

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