The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 36 E+W OFFERS TO SETTLE

Textual Amendments

F1 Pt. 36 substituted (6.4.2007) by The Civil Procedure (Amendment No.3) Rules 2006 (S.I. 2006/3435), rule 1, Sch. 1 (with rule 7(2)-(7))

[F2 SECTION I E+W PART 36 OFFERS TO SETTLE]

Textual Amendments

F2 Rule 36.A1, Section 1 heading and rule 36.1(1) and heading substituted for rule 36.1(1) and heading (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 6(b)

Form and content of a Part 36 offer E+W

36.2— (1) An offer to settle which is made in accordance with this rule is called a Part 36 offer.

(2) A Part 36 offer must—

(a) be in writing;

(b) state on its face that it is intended to have the consequences of [F3 Section I of] 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 36.10 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)

(3) Rule 36.2(2)(c) does not apply if the offer is made less than 21 days before the start of the trial.

(4) In appropriate cases, a Part 36 offer must contain such further information as is required by rule 36.5 (Personal injury claims for future pecuniary loss), rule 36.6 (Offer to settle a claim for provisional damages), and rule 36.15 (Deduction of benefits).

(5) An offeror may make a Part 36 offer solely in relation to liability.]

Textual Amendments

F3 Words in rule 36.2(2)(b) inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 6(e)