The Civil Procedure Rules 1998

Acceptance of a Part 36 offer or a Part 36 payment made by one or more, but not all, defendants

36.17—(1) This rule applies where the claimant wishes to accept a Part 36 offer or a Part 36 payment made by one or more, but not all, of a number of defendants.

(2) If the defendants are sued jointly or in the alternative, the claimant may accept the offer or payment without needing the permission of the court in accordance with rule 36.11(1) if—

(a) he discontinues his claim against those defendants who have not made the offer or payment; and

(b) those defendants give written consent to the acceptance of the offer or payment.

(3) If the claimant alleges that the defendants have a several liability^(GL) to him the claimant may—

(a) accept the offer or payment in accordance with rule 36.11(1); and

(b) continue with his claims against the other defendants.

(4) In all other cases the claimant must apply to the court for—

(a) an order permitting a payment out to him of any sum in court; and

(b) such order as to costs as the court considers appropriate.