The Civil Procedure Rules 1998

Notice of a Part 36 payment E+W

36.6—(1) A Part 36 payment may relate to the whole claim or part of it or to an issue that arises in it.

(2) A defendant who makes a Part 36 payment must file with the court a notice (“Part 36 payment notice”) which—

(a) states the amount of the payment;

(b) states whether the payment relates to the whole claim or to part of it or to any issue that arises in it and if so to which part or issue;

(c) states whether it takes into account any counterclaim;

(d) if an interim payment has been made, states that the defendant has taken into account the interim payment; and

(e) if it is expressed not to be inclusive of interest, gives the details relating to interest set out in rule 36.22(2).

(Rule 25.6 makes provision for an interim payment)

• (Rule 36.4 provides for further information to be included where a defendant wishes to settle the whole of a claim which includes a money claim and a non-money claim)

• (Rule 36.23 makes provision for extra information to be included in the payment notice in a case where benefit is recoverable under the Social Security (Recovery of Benefit) Act 1997)

[F1 (3) The offeror must—

(a) serve the Part 36 payment notice on the offeree; and

(b) file a certificate of service of the notice.]

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A Part 36 payment may be withdrawn [F3 or reduced] only with the permission of the court.

Textual Amendments

F1 Rule 36.6(3) substituted (1.4.2003) by The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 4(a)

F2 Rule 36.6(4) omitted (1.4.2003) by virtue of The Civil Procedure (Amendment No. 2) Rules 2002 (S.I. 2002/3219), rules 1, 4(b)

F3 Words in rule 36.6(5) inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 16

Commencement Information

I1 Rule 36.6 in force at 26.4.1999, see Signature