Part 36: an overview

by Practical Law Dispute Resolution

A practice note that provides an overview of Part 36 of the Civil Procedure Rules (CPR), a critical tool in litigation tactics. This practice note explores the strategic use of Part 36 offers to pressure opponents into settlement and protect a client's position on costs. It focuses primarily on the current rules, effective since 6 April 2015, while also addressing offers made under the previous regime. Practitioners will gain insight into the formal requirements for making a valid offer, including the concept of a "genuine attempt to settle," and the circumstances in which an offer can be made, varied, withdrawn, or accepted. The practice note also examines the "without prejudice except as to costs" status of these offers and summarises the potentially significant costs consequences of acceptance or rejection, including the impact of the extended fixed recoverable costs (FRC) regime. This resource guides parties and their advisers on navigating the complexities of Part 36 at all stages of a dispute. It also introduces, and provides links to, other more detailed 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.