Part 36: Example of a claimant's offer to settle (with drafting notes)

This letter (with integrated drafting notes) is an example of a claimant's Part 36 offer to settle its claim. It can be used as an offer to settle after proceedings have commenced or as a starting point for drafting a pre-action offer to settle a dispute.

A claimant's Part 36 offer can be an effective way to put pressure on the defendant to settle the matter sooner rather than later, in light of the consequences (indemnity costs, interest and the additional sanction of 10% of the damages or the costs up to a maximum of £75,000) if it does not accept the offer and the claimant goes on to obtain a judgment which is equal to or more advantageous then the offer.

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