Lecture notes Dispute Resolution - Distinction Level

Civil Litigation

CPR 36 (“Part 36”)discussion and worked examples

Questions could involve:
• Formalities associated with making / accepting Part 36 offers
• Detailed advice to a client / supervisor about the effect of a Claimant’s / Defendant’s
Part 36 offer:
• If the offer is accepted; and / or
• If the offer is rejected and one of various possible outcomes happens at trial
• Situations where one or both of the Claimant and / or Defendant have made / could
make Part 36 offers

CPR 36 advice – be able to explain:
• What Part 36 is and what it aims to do
• Consequences of accepting an offer

• What happens if D makes an offer and, at trial:
• C wins [strictly] more than D’s offer
• C wins, but fails to beat D’s offer ( CPR 36.17(3) )
• C loses ( CPR 36.17(3)

• What happens if C makes an offer and, at trial:
• C wins at least as much as C’s own offer ( CPR 36.17(4) )
• C wins, but [strictly] less than C’s own offer
• C loses

CPR 36 – visual representation
• What happens if D makes an offer and, at trial:
• C wins [strictly] more than D’s offer
• C wins, but fails to beat D’s offer ( CPR 36.17(3) )
• C loses ( CPR 36.17(3) )

• What happens if C makes an offer and, at trial:
• C wins at least as much as C’s own offer ( CPR 36.17(4) )
• C wins, but [strictly] less than C’s own offer
• C loses




C sues D for £14,000:
• D makes a Part 36 offer to settle for £6,000
 C does not accept the offer