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The Civil Procedure Rules 1998

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Changes to legislation:

The Civil Procedure Rules 1998, MAKING OFFERS is up to date with all changes known to be in force on or before 15 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(i) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 Table of Contents word substituted by S.I. 2014/407 rule 39(a)(ii) (This amendment not applied to legislation.gov.uk. Sch.2 CCR Order 27 does not have a Table of Contents.)
  • Sch. 2 CCR Order 27 rule 4(b) words omitted by S.I. 2014/407 rule 39(e)(ii)(aa) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 rule 10(3) words omitted by S.I. 2014/407 rule 39(k)(iii) (This amendment not applied to legislation.gov.uk. The words "the justices's chief executive for" do not appear in Sch. 2 CCR Order 27 rule 10(3))
  • Sch. 2 CCR Order 28 words omitted by S.I. 2014/867 rule 21(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words omitted by S.I. 2014/867 rule 22(a) (This amendment not applied to legislation.gov.uk. There is no Table of Contents in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 27 rule 4(b) words substituted by S.I. 2014/407 rule 39(e)(ii)(bb) (This amendment not applied to legislation.gov.uk. The words "by that chief executive" do not appear in Sch. 2 CCR Order 27 rule 4(b))
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 27 words substituted by S.I. 2014/407 rule 4(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 27)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 28 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 28)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(i) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "county court" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 39 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 39)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(ii) (This amendment not applied to legislation.gov.uk. The words "a county court" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iii) (This amendment not applied to legislation.gov.uk. The words "county courts" do not appear in Sch. 2 CCR Order 44)
  • Sch. 2 CCR Order 44 words substituted by S.I. 2014/867 rule 3(a)(iv) (This amendment not applied to legislation.gov.uk. The words "district judge" do not appear in Sch. 2 CCR Order 44)
  • rule 45.15A(3) inserted by S.I. 2024/839 rule 11(4)
  • rule 1.1(2)(g) rule 1.1(2)(f) renumbered as rule 1.1(2)(g) by S.I. 2024/839 rule 3(1)(c)
  • rule 2.4(1)(a) words substituted by S.I. 2024/839 rule 4(2)
  • rule 3.1(2)(d)-(n) rule 3.1(2)(c)-(ll) renumbered as rule 3.1(2)(d)-(n) by S.I. 2024/839 rule 5(1)(a)(ii)
  • rule 3.1(2)(o) inserted by S.I. 2024/839 rule 5(1)(a)(iii)
  • rule 3.1(2)(p) rule 3.1(2)(m) renumbered as rule 3.1(2)(p) by S.I. 2024/839 rule 5(1)(a)(iv)
  • rule 25.1(n) word omitted by S.I. 2005/3515 rule 7(a)(i)
  • rule 28.7(1)(d) inserted by S.I. 2024/839 rule 8(1)(c)
  • rule 28.14(1)(f) inserted by S.I. 2024/839 rule 8(2)(a)(iii)
  • rule 29.2(1A) inserted by S.I. 2024/839 rule 9
  • rule 44.2(5)(e) inserted by S.I. 2024/839 rule 10(1)(c)
  • rule 45.48(3)(4) inserted by S.I. 2024/839 rule 11(6)
  • rule 45.51(5)(6) inserted by S.I. 2024/839 rule 11(7)
  • rule 52.13(1)(a) words inserted by S.I. 2014/879 art. 76 (This amendment not applied to legislation.gov.uk. There is no rule 52.13(1)(a))
  • rule 52.3B inserted by S.I. 2024/839 rule 13(3)

[F1MAKING OFFERSE+W

Textual Amendments

Form and content of a Part 36 offerE+W

36.5.—(1) A Part 36 offer must—

(a)be in writing;

(b)make clear that it is made pursuant to Part 36;

(c)specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs in accordance with rule 36.13 or [F236.23] if the offer is accepted;

(d)state whether it relates to the whole of the claim or to part of it or to an issue that arises in it and if so to which part or issue; and

(e)state whether it takes into account any counterclaim.

(Rule 36.7 makes provision for when a Part 36 offer is made.)

(2) Paragraph (1)(c) does not apply if the offer is made less than 21 days before the start of a trial.

(3) In appropriate cases, a Part 36 offer must contain such further information as is required by rule 36.18 (personal injury claims for future pecuniary loss), rule 36.19 (offer to settle a claim for provisional damages), and rule [F336.20] (deduction of benefits).

(4) A Part 36 offer which offers to pay or offers to accept a sum of money will be treated as inclusive of all interest until—

(a)the date on which the period specified under rule 36.5(1)(c) expires; or

(b)if rule 36.5(2) applies, a date 21 days after the date the offer was made.

[F4(5) A Part 36 offer to accept a sum of money may make provision for accrual of interest on such sum after the date specified in paragraph (4). If such an offer does not make any such provision, it shall be treated as inclusive of all interest up to the date of acceptance if it is later accepted.]

Textual Amendments

Part 36 offers – defendant’s offerE+W

36.6.—(1) Subject to rules 36.18(3) and 36.19(1), a Part 36 offer by a defendant to pay a sum of money in settlement of a claim must be an offer to pay a single sum of money.

(2) A defendant’s offer that includes an offer to pay all or part of the sum at a date later than 14 days following the date of acceptance will not be treated as a Part 36 offer unless the offeree accepts the offer.

Time when a Part 36 offer is madeE+W

36.7.—(1) A Part 36 offer may be made at any time, including before the commencement of proceedings.

(2) A Part 36 offer is made when it is served on the offeree.

(Part 6 provides detailed rules about service of documents.)]

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