The Civil Procedure Rules 1998

Notice of a Part 36 paymentE+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(5) A Part 36 payment may be withdrawn [F3or reduced] only with the permission of the court.