Without prejudice save as to costs settlement offer letter from a claimant (with drafting notes)

by Practical Law Dispute Resolution

A standard document for a claimant to use as a starting point when making a "without prejudice save as to costs" settlement offer, also known as a Calderbank offer, in civil litigation in England and Wales. This standard document provides an alternative to making a formal Part 36 offer under the Civil Procedure Rules (CPR). It explores the reasons why a claimant might prefer to make a settlement offer outside the complex and prescriptive rules of CPR Part 36, highlighting benefits such as greater drafting flexibility and suitability for multi-party disputes. This standard document includes different options for structuring the settlement terms, such as making the offer inclusive of costs or on a "plus costs" basis. It also sets out the potential costs consequences for a defendant who fails to accept the offer, including the claimant's intention to seek costs on an indemnity basis pursuant to CPR 44.2(4)(c). Integrated drafting notes explain the strategic thinking behind the offer's structure and wording, providing practical guidance for maximising its effectiveness.