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...

Defendant Part 36 offer letter precedent (CPR 36) template for pre-action and in proceedings use, with terms, interest and counterclaim options, and costs consequences — England and Wales

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Precedents

Note

This precedent is a Defendant Part 36 offer letter and does not encompass CPR 36 provisions directed at fixed costs cases. 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).

[ insert name and address of Claimant or claimant’s legal representative ]

[ insert date ]

Without prejudice—save as to costs

Dear [ insert organisation name ]

[ Pre-action ] Part 36 offer

[ Claimant v Defendant—Case number ]

We refer to the above [ potential ] matter and confirm we act for [ insert name of your client ].

Our client considers your client’s case to be without merit, but because [ insert explanation as appropriate ] we are instructed to advance an offer under Part 36 of the CPR (the ‘Offer’). For clarity, this Offer is made pursuant to Part 36.

Our client wishes to bring this matter to a cordial conclusion and has instructed us to make an offer under Part 36 of the CPR (the ‘Offer’)...

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Jake Coleman

Hailsham Chambers

Jake is a highly sought-after junior barrister specialising in professional negligence, clinical negligence and costs. He represents both claimants and defendants, appearing regularly in both the High Court and County Courts. Jake is frequently instructed in very high value, complex claims both as a junior and as sole counsel. Clients often praise him for his eye for detail, thoroughness of preparation and his rapport with clients.Before completing pupillage at Hailsham in 2016, Jake spent a year working at a law firm in New York specialising in commercial litigation and two years working for the Medical Protection Society in London. Jake is a contributor to Friston on Costs (4th edn, 2023)...

Web page updated on 22/05/2026

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