Part 36: Offer to settle

There are some times when you have to bite the bullet and make an offer to settle. Sometimes the Claimant will suggest it and it is always worth considering your individual circumstances. The common name for such an offer is a Part 36. This strictly does not apply to claims raised at the County Court but the claimant will know what you mean.

It is best to have this on a "without prejudice except as to costs" basis which means the terms of such offer must not be communicated to the trial judge until the case has been decided. So if they have rejected your Part 36 offer and continued to court, the judge can then take account of the efforts made when deciding if any costs should be awarded at all

Template Part 36 Offer

[Defendant's Address]

[Claimant's Address]

Date:

Dear Sirs

Re: Claimant C -v- Defendant D
CCBC Northampton Case No.BXXXXXQ

Without Prejudice –Save As To Costs
Part 36 Offer

TAKE NOTE:

The Defendant offers to settle the claim. This offer is intended to have the consequences of Part 36.

The offer is to settle the whole of the claim.

The offer is that the Defendant:

(a) do pay the Claimant the sum of £xx.xx which represents the xx% of the parking charge(s) in dispute plus filing and hearing fees and
(b) do settle his own costs

and

That the Claimant:

(a) do immediately withdraw proceedings and
(b) do undertake not to reinstate them in any form and
(c) do settle his own costs

The net settlement offered is therefore £xx.xx together with the undertaking set out above.


Yours faithfully

Defendant D

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