Part 36 Offer

A Part 36 offer is a formal offer to settle made under CPR Part 36, carrying specific costs consequences if the offer is not accepted and the offeree fails to obtain a judgement more advantageous than the offer at trial. It can be made by either the claimant or the defendant. The offer must be in writing, state it is made under Part 36, specify the period for acceptance (at least 21 days), and state whether it relates to the whole or part of the claim.

In practice

If a defendant's Part 36 offer is not accepted and the claimant fails to beat it at trial, the claimant will ordinarily be ordered to pay the defendant's costs from the latest date on which the offer could have been accepted. If a claimant's offer is not accepted and the claimant achieves at least as advantageous a result at trial, the defendant faces enhanced costs consequences including indemnity costs and additional interest.