Calderbank letter from defendant (with drafting notes)

by Practical Law Dispute Resolution

A standard document providing an example template for a defendant's Calderbank letter, also known as a non-Part 36 offer or a "without prejudice save as to costs" offer. This standard document is for use in civil litigation in England and Wales and serves as a flexible alternative to the more prescriptive Part 36 offer regime. It outlines how a defendant can make a settlement offer that, if rejected, can be brought to the court's attention on the issue of costs. Under the Civil Procedure Rules (CPR), particularly CPR 44.2(4)(c), the court has a wide discretion to consider such an offer when making a costs order. This standard document highlights the key benefits of a Calderbank offer, including the ability to propose payment by instalments or after a period longer than 14 days and to include varied terms as to costs. The integrated drafting notes provide essential guidance on structuring the offer, defining its scope, and articulating the potential costs consequences for a claimant who fails to achieve a better result at trial.