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...

Pre-action Part 36 offers: recoverable costs, costs consequences, case law and costs-only proceedings (England and Wales)

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Practice notes

This Practice Note sets out guidance on recovering pre-action costs under part 36, outlining the circumstances in which such costs are available and the position where a part 36 offer is made and accepted before any claim is issued...

Can pre-action costs be recovered under Part 36?

Yes. On 6 April 2015 the CPR were amended to codify earlier authority confirming that pre-action costs fall within Part 36 (see the Court of Appeal in Solomon v Cromwell Group (2011)). The rules now make clear that Part 36 costs recovery encompasses ‘recoverable pre-action costs’ (subject to the extent of what counts as ‘recoverable’, addressed below). The principal provisions are:

CPR 36.7(1)—which provides that a Part 36 offer can be made at any stage, including prior to the commencement of proceedings
CPR 36.13(1)—concerning a claimant’s recovery of costs where a Part 36 offer is accepted within the relevant period
CPR 36.17(3)(a)—concerning a defendant’s recovery of costs where the defendant’s Part 36 offer is not accepted and the claimant fails to obtain a judgment more advantageous than the defendant’s offer
CPR 36.17(4)(b)—in respect of a claimant’s costs recovery where a claimant’s Part

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David Juckes

Hailsham Chambers

David has a broad practice including clinical and professional negligence, professional discipline, and personal injury. He has been instructed on inquests, civil trials and regulatory hearings. He drafts pleadings and advises in personal injury, clinical negligence and professional negligence disputes, and has also advised on matters of professional indemnity....

Web page updated on 21/05/2026

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