Jurisdiction(s):
United Kingdom

Key definition

Defendant definition

What does Defendant mean? In legal practice, “defendant” describes the party against whom court proceedings are brought, whether a civil claim or a criminal charge. In England and Wales the term is defined in the Civil Procedure Rules (CPR 2.3) as a person against whom a claim is made; it is also used in the Criminal Procedure Rules. Northern Ireland follows similar usage. In Scotland, the civil counterpart is the “defender” (claimant is the pursuer), and in criminal cases the person is referred to as the “accused” (also the “panel” in solemn proceedings). In Ireland, civil procedure uses “defendant” under the Rules of...

Precedent client letter: advising defendant on claimant CPR Part 36 offer to settle part of claim; Relevant Period, acceptance/withdrawal and costs consequences (England and Wales)

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Precedents

Note: This precedent excludes CPR 36 rules that apply solely to fixed costs matters. For guidance on Part 36 offers in fixed costs claims, refer to Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).

Private & confidential
[ insert name and address of addressee ]
[ insert date ]

Dear [ insert name of client: Defendant ]

[ insert case heading ]

As discussed [ insert when you had the discussion ], I have now received a Part 36 proposal to settle from [ insert name of Claimant ], and enclose a copy.

To assist you in deciding whether to accept it, I set out below what a Part 36 offer means, what the claimant has put forward, and the consequences of accepting or declining.

[ After reading this letter, please get in touch promptly so we can discuss next steps and help you decide how to respond to the offer. ]

Part 36 offers

A Part 36 offer is a proposal to settle. The label ‘Part 36’ originates from Part 36 of the Civil...

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Web page updated on 22/05/2026

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