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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 settlement offers: purpose, making, clarification and costs consequences (post-1 October 2023), including fixed costs, split trials and Calderbank, in England and Wales

Practice notes
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This Practice Note explores the aim of Part 36, explains what constitutes a Part 36 offer, and outlines the motivations for proposing one. It further supplies guidance on requesting clarification of a Part 36 offer and sets out the costs repercussions for both claimants and defendants when making and accepting Part 36 offers. Note that this Practice Note addresses the rules currently in force after 1 October 2023. For details of specific provisions in place before 1 October 2023 for Part 36 offers in fixed costs matters, see Practice Note: Part 36 offers—fixed costs (position prior to 1 October 2023). For guidance on Part 36 offers in civil claims that fall within the fixed costs regime on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023).

The purpose of Part 36 offers

CPR 36 supplies a codified framework enabling parties to make settlement proposals in civil litigation. Its function is to promote certainty, as to the character and effect of Offers made under its scheme, and the associated costs outcomes. It is designed to encourage parties to put forward realistic terms of compromise, and confers financial incentives for doing so...

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David Juckes
David Juckes

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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