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 letter to defendant on claimant CPR Part 36 whole-claim offer (made at least 21 days before trial)—acceptance, withdrawal/variation, Relevant Period and costs (England and Wales)

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Precedents

Note: This precedent does not include CPR 36 provisions that concern fixed costs cases specifically. For details on Part 36 offers in fixed costs matters, see 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 received a Part 36 settlement proposal from [ insert name of Claimant ], and enclose a copy. To help you decide whether to accept, I outline below what a Part 36 offer is, what the claimant is proposing, and the implications of accepting or refusing this offer.

[ Once you have reviewed this letter, please contact me promptly so we can talk it through and assist you in deciding how to respond to the offer. ]

Part 36 offers

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

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Web page updated on 22/05/2026

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