Part 36 offer
A Part 36 Offer is a written offer to settle a dispute, specifying a period of not less than 21 days (‘the Relevant Period’) during which it can be accepted. If it is not accepted within the Relevant Period and the other party does not beat that offer then there will be costs consequences. They are a tactical incentive for parties to settle disputes without a court trial and can be claimant or defendant driven and at any stage in civil proceedings.
The Civil Procedure Rules (CPR), which were updated lin 2022, prescribes the criteria which must be met to satisfy being a Part 36 offer, and to ensure the costs consequences are applicable.
It must:
- Be in writing.
- Clarify that it is being made pursuant to Part 36.
- Specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs in accordance with rule 36.13 or 36.20 if the offer is not accepted (the Relevant Period); and
- State whether it relates to the whole claim or part of it and state whether it takes into account any counterclaim.
- Since 2021 'A Part 36 offer to accept a sum of money may make provision for accrual of interest on such sum after the date specified in paragraph. If such an offer does not make any such provision, it shall be treated as inclusive of all interest up to the date of acceptance if it is later accepted”.
An alternative is a Calderbank offer, also known as a “without prejudice save as to costs” offer.
[edit] Related articles on Designing Buildings
- Adjudication.
- Alternative dispute resolution.
- Arbitration Act.
- Arbitration panel.
- Arbitration v Adjudication.
- Arbitration in the construction industry
- Calderbank offer.
- Causes of construction disputes.
- Conciliation.
- Contract claims.
- Dispute resolution.
- Mediation.
- Pay now argue later.
- Pendulum arbitration.
- Provisional relief.
Featured articles and news
Electrotechnical excellence, now open for entries.
Net zero electricity grids BSRIA guide NZG 5/2024
Outlining the changes needed to transition to net zero.
CIOB Global Student Challenge 2024
Universitas Indonesia wins for second year running.
New project and cultural district described in detail.
The nature of EPCs, crticism and inaccuracies.
History, issues and redesign.
From waste recycling to energy performance the hierchy.
An introduction to WERCS and WEEE responsibilities
Dealing with 2 million tonnes of waste equipment a year.
Global BACS Market: analytics and optimisation
A BSRIA glance at building automation and control systems.
What it is and how to use it.
Types of insulating plaster by binder and insulant.
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.