David Juckes

This Practice Note provides information on pre-action costs recovery under Part 36, explaining when pre-action costs can be recovered under Part 36 and what happens if a Part 36 offer is made and accepted before proceedings commence.

This Practice Note considers the purpose of Part 36, what a Part 36 offer is and the reasons for making a Part 36 offer. It also provides information on making a request for clarification of a Part 36 offer and the costs consequences for both claimants and defendants in making and accepting Part 36 offers.

This precedent claimant Part 36 offer letter gives guidance on drafting a claimant’s Part 36 settlement offer letter. It covers the form of the offer and what to include in such an offer, including its terms, its ‘without prejudice save as to costs’ status, the relevant period, the costs consequences, interest, any Tomlin order, failure to accept, clarification and confirmation of receipt. It also considers where the offer is made pre-action and the prospect of a pre-action Part 36 settlement resulting. It does not cover specific CPR 36 provisions in respect of fixed costs.

This precedent defendant Part 36 offer letter gives guidance on drafting a defendant’s Part 36 settlement offer letter. It covers the form of the offer and what to include in such an offer, including its terms, its ‘without prejudice save as to costs’ status, the relevant period, the costs consequences, interest, any Tomlin order, failure to accept, clarification and confirmation of receipt. It does not cover specific CPR 36 provisions in respect of fixed costs.