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 [F2or Part 36 offer made under rule 36.2A] 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 [F3or Part 36 offer made under rule 36.2A] must—
(a)identify the document which sets out the terms of the Part 36 offer [F4made under this rule]; and
(b)state that if the claimant gives notice of acceptance of the Part 36 payment [F5or Part 36 offer made under rule 36.2A] he will be treated as also accepting the Part 36 offer [F4made under this rule].
(Rule 36.6 makes provision for a Part 36 payment notice)
(4) If the claimant gives notice of acceptance of the Part 36 payment [F6or Part 36 offer made under rule 36.2A], 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
F2Words in rule 36.4(2)(a) inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 5(a)
F3Words in rule 36.4(3) inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 5(b)
F4Words in rule 36.4(3) inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 5(c)
F5Words in rule 36.4(3)(b) inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 5(a)
F6Words in rule 36.4(4) inserted (1.4.2005) by The Civil Procedure (Amendment No. 3) Rules 2004 (S.I. 2004/3129), rules 1, 5(a)
Commencement Information