Consent orders (Part 36 and Tomlin)

Question 1

What is a Part 36 offer?

Answer 1

Part 36 of the CPR encourages people to settle disputes through making offers to settle

Question 2

When can a Part 36 offer be made?

Answer 2

Before or during proceedings

Question 3

What are the advantages of a Part 36 offer?

Answer 3

A part 36 offer is treated as without prejudice except as to costs, so a part 36 does not normally need to be communicated to the judge until the case is decided. If a defendant makes a Part 36 offer, and the claimants fails to obtain a judgement which is more advantageous than the offer, the claimant will normally suffer severe financial penalties. Likewise, this goes for the defendant if it is the claimant who has made the offer.