The Civil Procedure Rules 1998

[F1Restriction on disclosure of a Part 36 offerE+W

36.13—(1) A Part 36 offer will be treated as ‘without prejudice (GL) except as to costs’.

(2) The fact that a Part 36 offer has been made must not be communicated to the trial judge or to the judge (if any) allocated in advance to conduct the trial until the case has been decided.

(3) Paragraph (2) does not apply—

(a)where the defence of tender before claim (GL) has been raised;

(b)where the proceedings have been stayed (GL) under rule 36.11 following acceptance of a Part 36 offer; or

(c)where the offeror and the offeree agree in writing that it should not apply.]

Textual Amendments