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...

Part 36 offers: assessing injustice under CPR 36.17—factors, genuine attempt to settle, late acceptance, claimant enhancements, and key case law (England and Wales)

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Practice notes

Practice Note

This Practice Note examines the situations in which the usual Part 36 Costs consequences may properly be found by the court to be unjust. It highlights the factors set out in CPR 36.17(5) that the court will take into account, and surveys the case law that has considered this question. Note that the fixed recoverable costs (FRC) regime applies to most civil claims valued at no more than £100,000 which are issued on or after 1 October 2023, excluding personal injury and disease claims. For personal injury matters, the extended FRC regime applies where the cause of action accrued on or after 1 October 2023, and for disease claims it applies where no letter of claim has been sent before 1 October 2023. For civil cases that fall within the extended FRC regime, CPR 36.23 governs the costs consequences of accepting a Part 36 offer, and CPR 36.24 governs the costs consequences following judgment, with certain modifications to CPR 36.17. This Practice Note sets out the general provisions in CPR 36 that apply to non-fixed costs cases...

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Web page updated on 21/05/2026

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