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...

Part 36 in detailed assessment (England and Wales): offers, interest, 10% uplift, no Part 36 for assessment costs, provisional assessment cap, and mid-assessment settlement consequences

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note considers the application of cpr 36 where part 36 offers are made to settle detailed assessment proceedings commenced under CPR 47.

It reviews leading authorities on the 10% enhancement for a receiving party’s costs under CPR 36.17(4)(d), and explores how CPR 36 aligns and interfaces with the statutory cap on the recoverable costs of provisional assessment set out in CPR 47.15(5). It also surveys case law on these issues and their consequences too. For solicitor/own client assessments, the consequences in CPR 36.17(4)(d) do not apply after a successful Part 36 offer, as this has been held inconsistent with section 70(9) of the Solicitors Act 1974, which imposes the one-fifth rule unless special circumstances arise under SA 1974, s 70(10). Nonetheless, a successful Part 36 offer in solicitor/own client assessment proceedings can still be treated as an admissible offer within the court’s general discretion where the automatic consequences in SA 1974, s 70(9) are inapplicable. For wider guidance on solicitor/own client costs assessments, see: Solicitor and client costs—overview. Note, this Practice Note does not extend to matters within the fixed costs regime...

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Alice Nash

Hailsham Chambers

Alice’s practice is primarily focused on professional liability, costs, insurance, and other commercial disputes. Ranked as a leading junior in professional negligence in the Legal 500, she is valued for her “sensible, pragmatic solutions and clear advice”. As a member of Hailsham Chambers’ top-ranked specialist costs group, Alice undertakes work across the full range of inter-partes and solicitor-client costs disputes, bringing to bear her broad experience of different types of litigation. She has advised and acted in relation to a range of issues including the (ever changing) operation of Part 36, termination and assignment of CFAs, applications for wasted costs orders, orders for security for costs, and non-party costs orders.In addition to her regular contributions to LexisNexis, mostly in relation to costs, she is the editor of the chapter on Barristers’ Negligence in Professional Negligence and Liability (Simpson) and a...

Web page updated on 21/05/2026

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