Part 36: an overview
Making a well-judged Part 36 offer is an important tactical step. A Part 36 offer focuses the opponent's mind on settlement and, if settlement is not achieved, protects, to some extent, the offeror's position on costs. As a result, parties and their advisers should consider whether making a Part 36 offer is appropriate at all key stages in the lifespan of a dispute. If a Part 36 offer has been made, the relevant parties should keep under constant review whether it should be accepted, revised or withdrawn.
This overview note explains what a Part 36 offer is and sets out when and how an offer may be made. It also explains when a Part 36 offer is deemed to be made. It introduces, and provides links to, other practice notes on the required form and content of Part 36 offers, how to withdraw or vary a Part 36 offer, how to accept a Part 36 offer and the costs consequences of Part 36 offers.
This note focuses primarily on the revised version of Part 36, which came into force on 6 April 2015 and which applies primarily to Part 36 offers made on or after that date. However, where appropriate, this note also refers to the pre-6 April 2015 version of Part 36 and offers made under those rules.