What is a Part 36 offer in civil litigation?

A Part 36 offer is a formal settlement proposal in civil litigation that triggers specific costs consequences under the Civil Procedure Rules. If the other side rejects the offer and you achieve a better result at trial, they may be ordered to pay your costs from 21 days after the offer was made. It is designed to encourage early settlement by creating financial risk for the party refusing a reasonable offer.

Does a Part 36 offer apply to small claims cases?

Part 36 offers do not apply to cases on the small claims track. If your case is in small claims, you cannot use this procedure. Additionally, if you are already at trial or prefer more flexible terms, you might consider a 'without prejudice save as to costs' (Calderbank) offer instead, which operates under different rules.

What are the essential requirements for a valid Part 36 offer?

To be valid, the offer must be in writing, properly served, and explicitly state it is made 'pursuant to Part 36'. You must specify a 'relevant period' of at least 21 days for acceptance. You must also clarify whether the amount offered includes or excludes interest. Failing to include these details means the offer will not receive Part 36 protection.

What is the 'relevant period' in a Part 36 offer?

The 'relevant period' is the timeframe during which the other party can accept the offer without incurring adverse costs consequences. It must be at least 21 days from the date the offer is served. If the offer is accepted within this period, the accepting party is generally entitled to their costs up to the date of acceptance, subject to assessment if not agreed.

Is a Part 36 offer confidential?

A Part 36 offer is made 'without prejudice except as to costs'. This means the offer cannot be referred to in the proceedings or used as evidence of liability, except when the court is deciding who should pay the costs of the litigation. This protection encourages parties to negotiate freely without fear that their settlement attempts will be held against them later.

← All Templates

Civil Litigation

Civil Procedure

Updated 2026-05-21

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

Fill in your details

Complete the fields below. Required fields are marked with *.

Date of the offer*

Court claim number*

Amount offered (£)*

Relevant period (minimum 21 days)*

Date the offer expires*

Your name or firm*

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.

Related Guides

Small Claims Court

Official Resources

CPR Part 36 — Offers to Settle →

Frequently asked questions

What is a Part 36 offer in civil litigation?: A Part 36 offer is a formal settlement proposal in civil litigation that triggers specific costs consequences under the Civil Procedure Rules. If the other side rejects the offer and you achieve a better result at trial, they may be ordered to pay your costs from 21 days after the offer was made. It is designed to encourage early settlement by creating financial risk for the party refusing a reasonable offer.
Does a Part 36 offer apply to small claims cases?: Part 36 offers do not apply to cases on the small claims track. If your case is in small claims, you cannot use this procedure. Additionally, if you are already at trial or prefer more flexible terms, you might consider a 'without prejudice save as to costs' (Calderbank) offer instead, which operates under different rules.
What are the essential requirements for a valid Part 36 offer?: To be valid, the offer must be in writing, properly served, and explicitly state it is made 'pursuant to Part 36'. You must specify a 'relevant period' of at least 21 days for acceptance. You must also clarify whether the amount offered includes or excludes interest. Failing to include these details means the offer will not receive Part 36 protection.
What is the 'relevant period' in a Part 36 offer?: The 'relevant period' is the timeframe during which the other party can accept the offer without incurring adverse costs consequences. It must be at least 21 days from the date the offer is served. If the offer is accepted within this period, the accepting party is generally entitled to their costs up to the date of acceptance, subject to assessment if not agreed.
Is a Part 36 offer confidential?: A Part 36 offer is made 'without prejudice except as to costs'. This means the offer cannot be referred to in the proceedings or used as evidence of liability, except when the court is deciding who should pay the costs of the litigation. This protection encourages parties to negotiate freely without fear that their settlement attempts will be held against them later.