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 multi-party or related actions: making and accepting joint or several offers, costs consequences, and Part 20 considerations (England and Wales)

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Practice notes

This Practice Note sets out guidance on Part 36 offers where there are multiple parties or multiple proceedings. It highlights relevant authorities and gives practical direction on the key considerations to bear in mind in these kinds of cases.

Multiple parties and proceedings complicate Part 36

Part 36 offers can be used in litigation involving numerous parties and/or more than one set of proceedings. Yet, when several parties are engaged, deciding whether to put forward such an offer, and in what terms, is more complex. For details of the specific points to address when making a Part 36 offer in a matter with multiple parties, see Practice Note: Part 36 offers—how to make a valid Part 36 offer—Making a Part 36 offer in cases involving multiple parties. In Zagora Management v Zurich Insurance (2019), the court determined the costs payable in a multi‑party claim where a range of settlement proposals had been advanced—none by way of Part 36—but were not accepted. It was held there was no good reason why the Defendant could not have made a straightforward Part 36 offer to the claimants...

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Imran Benson

Hailsham Chambers

Imran is an experienced litigator who is well known for a robust but charming style of advocacy and excellent client service. He specialises in professional liability, commercial litigation, costs and general insurance disputes. He appears in domestic and foreign courts, before various regulators and a range of arbitration tribunals.He is ranked in the legal directories and is instructed by national, City and international law firms, as well as institutional clients and HNW individuals. Imran is willing to consider direct public access instructions in appropriate cases....

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