Part 36 Offer (Civil Litigation)
Formal Part 36 settlement offer in civil litigation with strict costs consequences if not beaten at trial.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
When you want to make a binding settlement offer that engages the costs consequences of CPR Part 36 — if the other side rejects and you do better at trial, they pay your costs from 21 days after the offer.
When NOT to use this template
If you intend to make a 'without prejudice save as to costs' (Calderbank) offer with more flexible terms; if your case is at trial; if this is a small claims case (Part 36 does not apply on the small claims track).
Legal Basis
Civil Procedure Rules Part 36.
Before you send
- Not stating the offer is made 'pursuant to Part 36' — without this, Part 36 protection does not apply
- Not specifying the 'relevant period' of at least 21 days
- Not clarifying whether the offer is inclusive or exclusive of interest
Common Mistakes to Avoid
- ✗Not stating the offer is made 'pursuant to Part 36' — without this, Part 36 protection does not apply
- ✗Not specifying the 'relevant period' of at least 21 days
- ✗Not clarifying whether the offer is inclusive or exclusive of interest
- ✗Failing to make the offer in writing and serve it on the other side properly
Build Your Letter
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Letter preview
[Your Name] [Your Address] [Telephone] [Email] [Recipient Name / Firm] [Recipient Address] Date: [DATE OF THE OFFER] Claim No: [COURT CLAIM NUMBER] [Claimant] v [Defendant] Dear [Sirs / Madam], Offer to settle pursuant to Civil Procedure Rules Part 36 We write on behalf of [our client / ourselves] to make an offer to settle the above proceedings pursuant to Part 36 of the Civil Procedure Rules. 1. Offer We offer to settle the whole of the claim on the following terms: payment by [the Defendant / the Claimant] of £[AMOUNT OFFERED (£)] in full and final settlement of the claim, inclusive of interest [if applicable: up to the date of expiry of the Relevant Period]. 2. Relevant Period The Relevant Period for the purposes of CPR 36.5(1)(c) is [RELEVANT PERIOD (MINIMUM 21 DAYS)] days from the date of service of this offer, that is, until 4:00 p.m. on [DATE THE OFFER EXPIRES]. 3. Costs If this offer is accepted within the Relevant Period, [the Defendant / the Claimant] will be entitled to its costs of the claim incurred up to the date on which notice of acceptance is served, to be assessed if not agreed, in accordance with CPR 36.13. 4. Acceptance This offer may be accepted by serving written notice of acceptance on us. 5. Without prejudice This offer is made without prejudice except as to costs, and may not be referred to in the proceedings except in accordance with CPR Part 36. Yours faithfully, [YOUR NAME OR FIRM] [Solicitor for the Claimant / Defendant / Litigant in Person]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.