Note: this precedent Claimant Part 36 offer letter does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).

[insert name and address of Defendant or defendant's legal representative]

[insert date]

Without prejudice—save as to costs

Dear [insert organisation name]

[Pre-action] Part 36 offer

[Claimant v Defendant—Case number]

We refer to the above [potential] matter in which we act for [insert name of your client].

[Our client is confident that it is entitled [insert brief nature/details of dispute] but because [insert explanation as appropriate] we have been instructed to put forward an offer under Part 36 of the Civil Procedure Rules (‘the Offer’). For the avoidance of doubt, this Offer is made pursuant to Part 36.

OR

Our client wishes to seek to resolve this matter amicably and we have been instructed to put forward an offer under Part