Part 36 offers—counter-offers

Copyright © 2025 LexisNexis
Produced in partnership with Jake Coleman of Hailsham Chambers
Practice notes

Part 36 offers—counter-offers

Copyright © 2025 LexisNexis

Produced in partnership with Jake Coleman of Hailsham Chambers

Practice notes
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This Practice Note provides information on making and receiving a Part 36 counter-offer, its effect on existing Part 36 offers and its effect on other offers of settlement that are not made by way of Part 36.

Counter-offer in response to Part 36 offer

If a party receives a Part 36 offer, they are free to make a counter-offer, whether by way of Part 36 or otherwise. The effect of making a counter-offer is discussed below.

Effect of counter-offer on Part 36 offer

The making of a counter-offer does not affect the validity of any existing Part 36 offer.

Under CPR 36.11(2), any Part 36 offer that has been made remains open and capable of acceptance, unless the offeror serves a written notice of withdrawal (or the offer is automatically withdrawn in accordance with its terms where the deadline for acceptance expires without the offeree having served notice of acceptance, CPR 36.9(4)(b)). Consequently, if a party makes a counter-offer which the original Part 36 offeror rejects, they are still free to accept the original Part 36

Jake Coleman
Jake Coleman

Barrister, Hailsham Chambers

Jake is a highly sought-after junior barrister specialising in professional negligence, clinical negligence and costs. He represents both claimants and defendants, appearing regularly in both the High Court and County Courts.  

Jake is frequently instructed in very high value, complex claims both as a junior and as sole counsel. Clients often praise him for his eye for detail, thoroughness of preparation and his rapport with clients.

Before completing pupillage at Hailsham in 2016, Jake spent a year working at a law firm in New York specialising in commercial litigation and two years working for the Medical Protection Society in London. Jake is a contributor to Friston on Costs (4th edn, 2023)

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Jurisdiction(s):
United Kingdom
Key definition:
Part 36 definition
What does Part 36 mean?

A part 36 offer is a settlement offer made under Part 36 of the cpr which, if made in accordance with those provisions and depending on the circumstances of its acceptance or rejection, can afford costs consequences, both advantageous and adverse.

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