Part 36 Offer

In the context of a personal injury claim, a "Part 36 Offer" is a formal offer of settlement made by the defendant to the claimants. This offer is made under the Civil Procedure Rules (CPR) Part 36, which sets out the rules for making and accepting offers of settlement.

The defendant will typically make a Part 36 Offer to a claimant through their solicitor. The offer will include an admission of liability and a specified amount of compensation that the defendant is willing to pay to settle the claim.

The claimant will then have a set period of time to consider the offer and decide whether to accept it or not.

If the claimant accepts the offer, the claim will be settled and the compensation will be paid to the claimants.

If the claimants do not accept the offer, the claim will continue and the matter will proceed to trial.

However, if the claimant subsequently recovers less at trial than the amount of the Part 36 offer, they may be ordered to pay the defendant's costs from the date of the offer. Therefore, the claimant's solicitor will advise them to carefully consider the offer and weigh the pros and cons before make a decision to accept or reject the offer.

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Chris Salmon, Director

Author:
Chris Salmon, Director