The Civil Procedure Rules 1998

[F1 [F2 SECTION II E+W RTA PROTOCOL [F3 AND EL/PL PROTOCOL] 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 Pt. 36 Section 2 inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rule 1(2), Sch. 1

F3 Words in Pt. 36 heading inserted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(7) (with rule 10)

Scope of this Section E+W

36.16.— (1) Where this Section applies Section I does not apply.

(2) This Section applies to an offer to settle where the parties have followed the RTA Protocol [F4 or the EL/PL Protocol] and started proceedings under Part 8 in accordance with Practice Direction 8B (“the Stage 3 Procedure”).

(3) A reference to the “Court [F5 Proceedings] Pack Form” is a reference to the form used in the F6 ... Protocol.

(4) Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with this Section, it will not have any costs consequences.

Textual Amendments

F4 Words in rule 36.16(2) inserted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(8)(a) (with rule 10)

F5 Word in rule 36.16(3) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(8)(b)(i) (with rule 10)

F6 Word in rule 36.16(3) omitted (31.7.2013) by virtue of The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(8)(b)(ii) (with rule 10)

Form and content of [F7 a] Protocol offer E+W

36.17.— (1) An offer to settle which is made in accordance with this rule is called [F8 a] Protocol offer.

(2) [F9 A] Protocol offer must—

(a) be set out in the Court Proceedings Pack (Part B) Form; and

(b) contain the final total amount of the offer from both parties.

Textual Amendments

F7 Word in rule 36.17 heading substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(9)(a) (with rule 10)

F8 Word in rule 36.17(1) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(9)(b) (with rule 10)

F9 Word in rule 36.17(2) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(9)(c) (with rule 10)

Time when [F10 a] Protocol offer is made E+W

36.18.   The F11 ... Protocol offer is deemed to be made on the first business day after the Court Proceedings Pack (Part A and Part B) Form is sent to the defendant.

Textual Amendments

F10 Word in rule 36.18 heading substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(10)(a) (with rule 10)

F11 Word in rule 36.18 omitted (31.7.2013) by virtue of The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(10)(b) (with art. 10)

General provisions E+W

36.19.   [F12 A] Protocol offer—

(a) is treated as exclusive of all interest; and

(b) has the consequences set out in this Section only in relation to the fixed costs of the Stage 3 Procedure as provided for in rule [F13 45.18], and not in relation to the costs of any appeal from the final decision of those proceedings.

Textual Amendments

F12 Word in rule 36.19 substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(11)(a) (with rule 10)

F13 Word in rule 36.19 substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(11)(b) (with rule 10)

Restrictions on disclosure of [F14 a] Protocol offer E+W

36.20.— (1) The amount of the F15 ... Protocol offer must not be communicated to the court until the claim is determined.

(2) Any other offer to settle must not be communicated to the court at all.

(3) Once the claim is determined, the court will examine the F15 ... Protocol offer.

Textual Amendments

F14 Word in rule 36.20 heading substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(12)(a) (with rule 10)

F15 Word in rule 36.20 omitted (31.7.2013) by virtue of The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(12)(b) (with rule 10)

Costs consequences following judgment E+W

36.21.— (1) This rule applies where, on the determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—

(a) less than or equal to the amount of the defendant’s F16 ... Protocol offer;

(b) more than the defendant’s F16 ... Protocol offer but less than the claimant’s F16 ... Protocol offer; or

(c) equal to or more than the claimant’s F16 ... Protocol offer.

(2) Where paragraph (1)(a) applies, the court will order the claimant to pay—

(a) the fixed costs in rule [F17 45.26]; and

(b) interest on those fixed costs from the first business day after the deemed date of the F16 ... Protocol offer under rule 36.18.

(3) Where paragraph (1)(b) applies, the court will order the defendant to pay the fixed costs in rule [F18 45.20].

(4) Where paragraph (1)(c) applies, the court will order the defendant to pay—

(a) interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule 36.18;

(b) the fixed costs in rule [F19 45.20];F20 ...

(c) interest on those costs at a rate not exceeding 10% above base rate[F21 ; and]

[F22 (d) an additional amount calculated in accordance with rule 36.14(3)(d).]

Textual Amendments

F16 Word in rule 36.21 omitted (31.7.2013) by virtue of The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(a) (with rule 10)

F17 Word in rule 36.21(2)(a) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(b) (with rule 10)

F18 Word in rule 36.21(3) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(c) (with rule 10)

F19 Word in rule 36.21(4)(b) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(d)(i)(aa) (with rule 10)

F20 Word in rule 36.21(4)(b) omitted (31.7.2013) by virtue of The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(d)(i)(bb) (with rule 10)

F21 Word in rule 36.21(4)(c) substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(d)(ii) (with rule 10)

F22 Rule 36.21(4)(d) inserted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(13)(d)(iii) (with rule 10)

Deduction of benefits E+W

36.22.   For the purposes of rule 36.21(1)(a) the amount of the judgment is less than the F23 ... Protocol offer where the judgment is less than that offer once deductible amounts identified in the judgment are deducted.

(‘Deductible amount’ is defined in rule 36.15(1)(d).)]]

Textual Amendments

F23 Word in rule 36.22 omitted (31.7.2013) by virtue of The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 6(14) (with rule 10)