Jurisdiction(s):
United Kingdom

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 counter-offers: acceptance, withdrawal, variation, costs and interplay with non-Part 36 (Calderbank) offers, plus tactical considerations and key case law (England and Wales)

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Practice notes

This Practice Note explains how to make and respond to a Part 36 counter-offer, its impact on existing Part 36 offers, and its relevance to other settlement offers not advanced under Part 36.

Counter-offer in response to Part 36 offer

When a party receives a Part 36 offer, they may propose a counter-offer, either as a further Part 36 offer or by another route. The consequences of putting forward a counter-offer are outlined below.

Effect of counter-offer on Part 36 offer

Tabling a counter-offer does not undermine the validity of any extant Part 36 offer. Under CPR 36.11(2), a Part 36 offer already made stays open and capable of acceptance unless the offeror serves written notice withdrawing it, or it is automatically withdrawn in line with its terms where the acceptance deadline passes without the offeree serving notice of acceptance (CPR 36.9(4)(b)). Accordingly, if a party makes a counter-offer that the original Part 36 offeror rejects, they remain at liberty to accept the original Part 36 offer, provided it has not been withdrawn or its terms changed, a position confirmed by the Court of Appeal in Gibbon v Manchester City Council...

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Jake Coleman

Hailsham Chambers

Jake is a highly sought-after junior barrister specialising in professional negligence, clinical negligence and costs. He represents both claimants and defendants, appearing regularly in both the High Court and County Courts. Jake is frequently instructed in very high value, complex claims both as a junior and as sole counsel. Clients often praise him for his eye for detail, thoroughness of preparation and his rapport with clients.Before completing pupillage at Hailsham in 2016, Jake spent a year working at a law firm in New York specialising in commercial litigation and two years working for the Medical Protection Society in London. Jake is a contributor to Friston on Costs (4th edn, 2023)...

Web page updated on 21/05/2026

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