Plan - Part 36 Offers

Question 1

General structure

Answer 1

1. (Possibly) Explain nature and effect of Part 36 offer

2. Explain the cost consequences if offer is rejected and the outcome of trial is… (three possibilities).

Question 2

Explain nature and effect of part 36 offer

Answer 2

• attempt to encourage settlement / force compromise
• may carry cost consequences
• offer is without prejudice
• remains open for 21 days

Question 3

Explain cost consequences if offer is rejected

Answer 3

a) Offeree wins and gets more than offer:
Costs awarded in normal way under CPR 44.2

b) Offeree wins but gets same as / less than offer:
Normal under CPR 44.2 up to when offer expired, then other way under 36.17(3) (unless unjust) aka split costs order.

c) Offeree loses:
Normal under 44.2 - court may also award interest on costs after expiry of offer under 36.17(3).