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...

CPR Part 36: Withdrawal of Offers—Procedure, Permission in the Relevant Period, Time‑Limited Offers and Costs Consequences (England and Wales)

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Practice notes

This Practice Note outlines the reasons, timing and process by which an offeror may withdraw a Part 36 offer. It also indicates when permission is necessary, the correct destination for any application, and the impact of withdrawing a Part 36 offer.

Why withdraw a Part 36 offer?

As set out below, once a Part 36 offer is withdrawn, the automatic Part 36 Costs consequences do not apply (CPR 36.17(7)(a)). At times, an offeror might opt to leave a Part 36 offer sitting open, hoping the offeree overlooks it and that, if the dispute reaches trial, the outcome betters that offer.

There is, however, a tangible risk to that tactic. The offeree may not have forgotten the offer and could accept it unexpectedly, particularly if developments in the case mean its original terms are no longer favourable (or as favourable) to the offeror. Moreover, where a clear and obvious mistake appears in the terms of a Part 36 offer, the offeror may wish to apply to the court to withdraw it...

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Web page updated on 21/05/2026

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