Defendant’s offer to settle the whole of a claim which includes both a money claim and a non-money claimE+W
36.4—(1) This rule applies where a defendant to a claim which includes both a money claim and a non-money claim wishes—
(a)to make an offer to settle the whole claim which will have the consequences set out in this Part; and
[F1(b)to make a money offer in respect of the money claim and a non-money offer in respect of the non-money claim.]
(2) The defendant must—
(a)make a Part 36 payment in relation to the money claim; and
(b)make a Part 36 offer in relation to the non-money claim.
(3) The Part 36 payment notice must—
(a)identify the document which sets out the terms of the Part 36 offer; and
(b)state that if the claimant gives notice of acceptance of the Part 36 payment he will be treated as also accepting the Part 36 offer.
(Rule 36.6 makes provision for a Part 36 payment notice)
(4) If the claimant gives notice of acceptance of the Part 36 payment, he shall also be taken as giving notice of acceptance of the Part 36 offer in relation to the non-money claim.
Textual Amendments
F1Rule 36.4(1)(b) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 12
Commencement Information