PRACTICE DIRECTION 36 – OFFERS TO SETTLE

This Practice Direction supplements CPR Part 36

Contents of this practice direction

TitleNumber
Formalities of Part 36 offers and other notices under this PartPara.1
Application for permission to withdraw or change the terms of a Part 36
offer
Para.2
Acceptance of a Part 36 offer
Para.3

1. Formalities of Part 36 offers and other notices under this Part

1.1  A Part 36 offer may be made and accepted using Form N242A.

1.2  Where a Part 36 offer, notice of acceptance or notice of withdrawal or change of terms is to be served on a party who is legally represented, the document to be served must be served on the legal representative.

2. Application for permission to withdraw or change the terms of a Part 36 offer

2.1  Rule 36.10 makes provision as to the circumstances in which the offer or must seek the permission of the court in order to withdraw a Part 36 offer or change its terms to be less advantageous to the offeree before expiry of the relevant period.

2.2  The permission of the court must, unless the parties agree otherwise, be sought—

(1) by making an application under Part 23, which must be dealt with by a judge other than the trial judge;

(2) at a trial or other hearing, provided that it is not to the trial judge.

(Rule 36.3 defines “the trial judge”.)

3. Acceptance of a Part 36 offer

3.1  Where a Part 36 offer is accepted in accordance with rule 36.11(1), the notice of acceptance must be served on the offeror and filed with the court where the case is proceeding.

3.2  Where the court’s permission is required to accept a Part 36 offer, the permission of the court must, unless the parties agree otherwise, be sought—

(1) by making an application under Part 23, which must be dealt with by a judge other than the trial judge;

(2) at a trial or other hearing, provided that it is not to the trial judge.

(Rule 36.3 defines “the trial judge”.)

3.3  Where rule 36.11(3)(b) applies, the application for permission to accept the offer must—

(1) state—

(a) the net amount offered in the Part 36 offer;

(b) the deductible amounts that had accrued at the date the offer was made;

and

(c) the deductible amounts that have subsequently accrued; and

(2) be accompanied by a copy of the current certificate.