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ARTICLE · 13 APRIL 2022

Part 36 - The Dynamic Approach To Settlement

Barton Legal Limited
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Part 36 offers are commonly used to settle disputes in England and Wales, before or after proceedings have commenced. However, a party can only accept a Part 36 offer if it is validly drafted.

United KingdomLitigation, Mediation & Arbitration
Bill Barton
Bill Barton
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Part 36 offers are commonly used to settle disputes in England and Wales, before or after proceedings have commenced. However, a party can only accept a Part 36 offer if it is validly drafted.

In the recent case of Knight and another v Knight and others [2019] EWHC 1545 (Ch), the claimants' Part 36 offer was struck out by the court because it included provisions which limited the payment of costs. So, how do you avoid getting “struck off your high horse” and what constitutes a valid Part 36 offer?

Claimant's Part 36 offer

Under Civil Procedure Rule (CPR) 36.5, a claimant's Part 36 offer is only valid if it satisfies the following requirements:

  1. The offer is in writing.
  2. The intention of a Part 36 offer is clearly mentioned.

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