How does a Part 36 offer work?
Offer must be in writing, state it is Part 36, and be open for at least 21 days; if not accepted within 21 days, trial proceeds but costs consequences follow; CPR r.36.17
What are the costs consequences of a Part 36 offer?
Claimant fails to beat defendant's offer: pays defendant's costs from 21 days after offer + interest; Defendant fails to beat claimant's offer: pays indemnity costs + 10% uplift + enhanced interest + £75,000 cap on indemnity costs award
Should you accept a Part 36 offer?
Your solicitor advises; consider: strength of evidence; medical prognosis; risk at trial; litigation costs; QOCS protection
What if you accept a Part 36 offer?
Binding settlement; defendant pays within 14 days; claim ends
Related questions
Does my solicitor decide whether I accept a Part 36 offer?
No. The decision is yours. Your solicitor advises you but cannot accept or reject on your behalf without your instructions.
What is QOCS and how does it interact with Part 36?
Qualified One-Way Costs Shifting (QOCS) generally means you do not pay the defendant's costs if you lose. However, if you reject a defendant's Part 36 offer and fail to beat it at trial, QOCS protection may be lost to the extent of the damages awarded.
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Sources
- CPR Part 36
- CPR r.36.17
- CPR Part 44 (QOCS)
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.