The effect of acceptance of a Part 36 offer or a Part 36 paymentE+W
36.15—(1) If a Part 36 offer or Part 36 payment relates to the whole claim and is accepted, the claim will be stayed(GL).
(2) In the case of acceptance of a Part 36 offer which relates to the whole claim—
(a)the stay(GL) will be upon the terms of the offer; and
(b)either party may apply to enforce those terms without the need for a new claim.
(3) If a Part 36 offer or a Part 36 payment which relates to part only of the claim is accepted—
(a)the claim will be stayed(GL) as to that part; and
(b)unless the parties have agreed costs, the liability for costs shall be decided by the court.
(4) If the approval of the court is required before a settlement can be binding, any stay(GL) which would otherwise arise on the acceptance of a Part 36 offer or a Part 36 payment will take effect only when that approval has been given.
(5) Any stay(GL) arising under this rule will not affect the power of the court—
(a)to enforce the terms of a Part 36 offer;
(b)to deal with any question of costs (including interest on costs) relating to the proceedings;
(c)to order payment out of court of any sum paid into court.
(6) Where—
(a)a Part 36 offer has been accepted; and
(b)a party alleges that—
(i)the other party has not honoured the terms of the offer; and
(ii)he is therefore entitled to a remedy for breach of contract,
the party may claim the remedy by applying to the court without the need to start a new claim unless the court orders otherwise.
Commencement Information
I1Rule 36.15 in force at 26.4.1999, see Signature