Hailsham Chambers

This Practice Note considers the relationship between Part 36 offers and the specific costs recovery regime of CPR 36 with the Part 45 provisions on fixed costs prior to 1 October 2023. This Practice Note references authorities in respect of personal injury claims and considers the relationship between CPR 36 and scale costs for claims in the Intellectual Property Enterprise Court (IPEC) (CPR 46, Section VII).

This Practice Note provides information on Part 36 offers where there are multiple parties or multiple proceedings. It notes relevant case law and provides practical guidance on the key points to consider in these types of cases.

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 and drafting note is for use when writing to a client about the possibility of their making a Part 36 offer to settle their claim. It is drafted on the basis of a straight forward dispute but may be amended accordingly to fit the specifics of the case, whether for a claimant client or a defendant client.