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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...

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CPR Part 36 in PI and clinical negligence: practical guidance on offers, withdrawals, acceptance, rejection and costs, post‑2023 fixed recoverable costs reforms (England and Wales)

Practice notes
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Part 36

From 1 October 2023, the CPR were revised to broaden the scope of fixed recoverable costs. As a consequence, Part 36 now extends to Claims on the fast track and the intermediate track, and to noise‑induced hearing loss claims allocated to the fast track, with fixed costs applying where:

  • the cause of action arises on or after 1 October 2023; or
  • in disease claims, no letter of claim was sent before 1 October 2023

The pre‑1 October 2023 iteration of CPR 36 (no longer maintained within the CPR) can be accessed here:

For guidance on the particular rules applicable to claims falling within the fixed costs regime—including cases pursued under the Pre‑Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, the Pre‑Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims, or the Pre‑Action Protocol for Resolution of Package Travel Claims—see Practice Note: Fixed costs in PI claims—consequential amendments to Part 36 offers to settle...

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Andrew Wilson
Andrew Wilson

Andrew has more than 25 years’ experience of working in the fields of personal injury and occupational disease litigation, acting for both claimants and defendants. He trained at L Bingham & Co, gaining early experience in a number of important high profile claims involving the MIB. During the 1990s Andrew worked at Hextalls and then Kennedys, predominantly for defendants across a range of motor, employers’ liability and public liability matters many of which involved serious injuries or death. More recently, he has dealt with cases for claimants who have suffered serious injuries or occupational disease. He was a partner in a large specialist practice. He has provided seminars to solicitors and other legal professionals both for an external conference company and in house on the workings of the Civil Procedure Rules in the context of personal injury claims, amongst other...

Web page updated on 21/05/2026

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