England and Wales — How to Make a Part 36 Offer in a Civil Claim

Jurisdiction and scope: England and Wales only. This note covers making and managing a Part 36 offer under Section I of CPR Part 36 in an ordinary County Court or High Court civil claim. It excludes the small claims track, claims governed by the special fixed-cost rules in Section II, RTA and EL/PL Protocol offers under Section III, personal-injury offers involving future pecuniary loss or provisional damages, settlements for children or protected parties, and multiple-defendant complications.

Law checked: 28 September 2026.

Short answer

A compliant Part 36 offer must be in writing, say expressly that it is made under Part 36, give a relevant period of at least 21 days when made at least 21 days before trial, identify whether it addresses the whole claim, a part or an issue, and state whether it takes any counterclaim into account. Serve it on the offeree’s solicitor when the offeree is represented. A party may use Form N242A, but the form is not mandatory. Keep proof of service and do not reveal the offer or its terms to the trial judge before the case is decided, subject to the exceptions in rule 36.16.

When this note applies

Section I is a self-contained procedural code. A claimant or defendant may make an offer concerning the whole claim, part of it or a particular issue, including a counterclaim or additional claim. An offer may be made before proceedings begin and is made when served, not when drafted or sent for approval.

This checklist intentionally does not cover every Part 36 variant. Before using it, confirm that the matter is not governed by the fixed-cost provisions in rules 36.22–36.24 or the Protocol-offer provisions in rules 36.25–36.31. Form N242A’s official page also states that the form cannot be used for a small-claims-track case. Personal injury, provisional damages, children, protected parties, split trials and claims against multiple defendants require their own rule checks.

Steps

1. Define the settlement objective. Decide whether the offer resolves the whole claim, a stated part or a particular issue. Record the valuation, evidence available, costs incurred, expected future costs and the result the offeror needs to beat at judgment. A token or tactical offer may fail to attract the usual consequences if it is not a genuine attempt to settle.
2. Identify the correct Part 36 regime. Check allocation, fixed recoverable costs, any applicable pre-action protocol and whether the claim includes future pecuniary loss or provisional damages. Section I generally applies to ordinary offers, while Sections II and III modify or replace it for specified claims.
3. Choose the amount and terms precisely. A defendant’s money offer must ordinarily be a single sum. State clearly what is included, which pleaded claims or issues are resolved, and whether any counterclaim is taken into account. Money offers are treated as inclusive of interest through the end of the relevant period unless the rule’s later-interest provisions are engaged.
4. Insert every rule 36.5 requirement. The document must be written; expressly invoke Part 36; specify a relevant period of at least 21 days when made at least 21 days before trial; state whether it relates to the whole claim, part or an issue and identify that part or issue; and say whether it takes account of a counterclaim. Offers made less than 21 days before trial do not use the ordinary minimum-period requirement, but their consequences are restricted.
5. Consider Form N242A. Practice Direction 36A permits, but does not compel, use of Form N242A. If using a letter instead, reproduce the rule 36.5 information explicitly. Do not use the official form as a substitute for checking whether special provisions apply.
6. Serve the right recipient and preserve proof. Where the offeree is legally represented, PD 36A paragraph 1.2 requires service on the legal representative. Apply CPR Part 6 to method and timing. Save the signed offer, covering communication, address used, transmission record and calculated service date. The offer is made when served.
7. Protect confidentiality. Mark the document “Without prejudice except as to costs — Part 36 offer.” Rule 36.16 gives that protection and generally prohibits communicating the existence or terms of the offer to the trial judge until the case has been decided. Keep the offer out of open trial bundles unless the rule permits disclosure or the court directs otherwise.
8. Manage clarification, variation and withdrawal. An offeree may request clarification within seven days; if the offeror does not clarify within seven days after receiving that request, the offeree may apply before trial. Withdrawal or a change must be made by written notice and cannot occur after acceptance. Before the relevant period expires, a withdrawal or less favourable change is governed by rule 36.10; after expiry, rule 36.9 ordinarily permits withdrawal or change without permission. Do not assume the offer expires merely because its relevant period has ended.
9. Handle acceptance correctly. Acceptance is by written notice served on the offeror. PD 36A paragraph 3.1 requires the notice of acceptance also to be filed with the court where proceedings are underway. Unless a rule-based exception applies, acceptance stays the claim on the offer’s terms. A single settlement sum is ordinarily payable within 14 days unless the parties agree otherwise in writing.
10. Calendar the judgment consequences. If a claimant fails to beat a defendant’s offer, the defendant is ordinarily entitled to costs and interest on those costs from expiry of the relevant period, unless unjust. If the claimant obtains a result at least as advantageous as its own offer, rule 36.17 ordinarily provides enhanced interest, indemnity costs, interest on those costs and an additional amount capped at £75,000, again subject to the injustice test and stated exceptions.

Documents and decisions checklist

• Current pleadings and any counterclaim.
• Allocation, track and fixed-cost status.
• Trial date and the proposed relevant-period dates.
• Valuation schedule, evidence position and costs-to-date estimate.
• Exact scope: whole claim, specified part or identified issue.
• Single-sum mechanics for a defendant’s money offer.
• Interest treatment and payment timing.
• Compliant Part 36 letter or completed Form N242A.
• Correct solicitor service details and CPR Part 6 calculation.
• Proof of service and diary entries for clarification, acceptance and review.
• Separate written notices for any change or withdrawal.
• Written acceptance plus court filing where proceedings exist.

Deadlines and costs points

• Relevant period: at least 21 days where the offer is made not less than 21 days before trial.
• Clarification: requested within seven days of the offer; response due within seven days after receipt of the request.
• Payment after acceptance: ordinarily within 14 days for a single money sum unless otherwise agreed in writing.
• No automatic expiry: the end of the relevant period changes costs consequences; it does not by itself withdraw the offer.
• Fee: an ordinary Part 36 offer is served rather than made by court application. This note states no standalone court fee. Verify the current fee if a separate Part 23 application becomes necessary.

Common errors

• Calling correspondence a Part 36 offer without satisfying every element of rule 36.5.
• Using fewer than 21 days when the ordinary minimum applies.
• Failing to identify the precise part or issue offered.
• Ignoring a pleaded counterclaim.
• Serving a represented party personally instead of its solicitor.
• Treating the offer as expired automatically at the end of the relevant period.
• Withdrawing or worsening terms before expiry without applying rules 36.9 and 36.10.
• Putting the offer before the trial judge prematurely.
• Using the general checklist for small claims, fixed-cost, protocol or specialist personal-injury cases.

Official sources

Related Court Cast note

For a different County Court and High Court application procedure, see England and Wales — How to Apply to Set Aside a Default Judgment.

Automated research disclosure: This note was produced using automated research and checked against the official CPR, practice direction and HMCTS form pages listed above. It is not represented as human legal review. Recheck the live rules, allocation and specialist provisions for the particular case before service.

Next review: 28 March 2027, or earlier if CPR Part 36, PD 36A, Part 6 or the fixed-cost regime changes.