[F1PART 36E+WOFFERS TO SETTLE

Textual Amendments

[F2SECTION IE+WPART 36 OFFERS TO SETTLE]

Textual Amendments

F2Rule 36.A1, Section 1 heading and rule 36.1(1) and heading substituted for rule 36.1(1) and heading (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rules 1(2), 6(b)

Costs consequences of acceptance of a Part 36 offerE+W

36.10—(1) [F3Subject to rule 36.10A and to paragraphs (2) and (4)(a) of this rule], where a Part 36 offer is accepted within the relevant period the claimant will be entitled to [F4the] costs of the proceedings up to the date on which notice of acceptance was served on the offeror.

(2) Where—

(a)a defendant’s Part 36 offer relates to part only of the claim; and

(b)at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim,

the claimant will be entitled to [F5the] costs of the proceedings up to the date of serving notice of acceptance unless the court orders otherwise.

(3) Costs under paragraphs (1) and (2) of this rule will be assessed on the standard basis if the amount of costs is not agreed.

(Rule [F644.3(2)] explains the standard basis for assessment of costs)

[F7(Rule [F844.9] contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)]

(4) Where—

(a)a Part 36 offer that was made less than 21 days before the start of trial is accepted; or

(b)a Part 36 offer is accepted after expiry of the relevant period,

if the parties do not agree the liability for costs, the court will make an order as to costs.

(5) Where paragraph (4)(b) applies, unless the court orders otherwise—

(a)the claimant will be entitled to [F9the] costs of the proceedings up to the date on which the relevant period expired; and

(b)the offeree will be liable for the offeror’s costs for the period from the date of expiry of the relevant period to the date of acceptance.

(6) The claimant’s costs include any costs incurred in dealing with the defendant’s counterclaim if the Part 36 offer states that it takes into account the counterclaim.]

Textual Amendments