The Consequences of Part 36 Offers in Civil Litigation
Abstract
A major tactic to be employed by either party in settlement of civil litigation is the use of what is known as the Part 36 offer. This is a means of putting pressure on the opponent in litigation by pitching a financial offer at the right level so that they have to make a decision on whether to accept the offer or to risk costs penalties being imposed if the court awards more or equal to the amount offered. This article considers the following: • The background to Part 36 offers • The financial consequences of beating or failing to beat Part 36 offers • Consequences of non-acceptance of a Part 36 offer • Validity, form and content of a Part 36 offer • Withdrawal or variation of Part offers made on or after 6 April 2015 • Time limited part 36 offers • Accepting Part 36 offers
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