The Civil Procedure Rules 1998

Court to take into account offer to settle made before commencement of proceedings

36.10—(1) If a person makes an offer to settle before proceedings are begun which complies with the provisions of this rule, the court will take that offer into account when making any order as to costs.

(2) The offer must—

(a) be expressed to be open for at least 21 days after the date it was made;

(b) if made by a person who would be a defendant were proceedings commenced, include an offer to pay the costs of the offeree incurred up to the date 21 days after the date it was made; and

(c) otherwise comply with this Part.

(3) If the offeror is a defendant to a money claim—

(a) he must make a Part 36 payment within 14 days of service of the claim form; and

(b) the amount of the payment must be not less than the sum offered before proceedings began.

(4) An offeree may not, after proceedings have begun, accept—

(a) an offer made under paragraph (2); or

(b) a Part 36 payment made under paragraph (3),

without the permission of the court.

(5) An offer under this rule is made when it is received by the offeree.