Part 36 offer

An offer to settle a claim which complies with the requirements in Part 36 of the Civil Procedure Rules (www.practicallaw.com/A34661) and which will have the consequences set out in CPR 36.10, CPR 36.11 and CPR 36.14. A Part 36 offer will be treated as "without prejudice except as to costs". Therefore, the trial judge must not be told about it until all questions of liability, and probably of quantum too, have been decided. Making a Part 36 offer provides a means of putting pressure on the other side to settle a case and of protecting, to some extent, the client's position on costs. For further information on the costs consequences of accepting or not accepting a Part 36 offer, see Practice note, Part 36: costs consequences (www.practicallaw.com/6-224-7011). For further information on Part 36 offers generally, see Practice note, Part 36: an overview (www.practicallaw.com/5-224-9954).

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