Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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...

CPR Part 36 costs: validity, ‘genuine offer’, late acceptance, interest and ‘unjustness’—illustrative case law and principles (England and Wales)

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Practice notes

Practice Note: Part 36 offers—when are Part 36 Costs 'unjust'?

This practice note examines when a court may depart from the default Part 36 costs consequences on the footing that such an order would be ‘unjust’, with reference to the factors listed in CPR 36.17(5). Although the focus is on Part 36 as revised from 6 April 2015, earlier authorities on the costs consequences of Part 36—and on when it is unjust to impose them—remain pertinent.

Illustrative decisions showing how the court has exercised its discretion on Part 36 costs, especially as to when those consequences are ‘unjust’, are identified below, covering both pre‑ and post‑6 April 2015 decisions.

Case details and analysis

Key issues considered

Biddick v Biddick [2025] EWHC 2743 (Ch) (27 October 2025): the defendants applied under CPR 36.14(8) to compel enforcement of a Part 36 offer, contending that although the claimant had accepted the offer, it had failed to honour its terms...

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Web page updated on 26/05/2026

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