The Civil Procedure Rules 1998

[F1Part 36 offers – general provisionsE+W

36.3—(1) In this Part—

(a)the party who makes an offer is the ‘offeror’;

(b)the party to whom an offer is made is the ‘offeree’; and

(c)‘the relevant period’ means—

(i)in the case of an offer made not less than 21 days before trial, the period stated under rule 36.2(2)(c) or such longer period as the parties agree;

(ii)otherwise, the period up to end of the trial or such other period as the court has determined.

(2) A Part 36 offer—

(a)may be made at any time, including before the commencement of proceedings; and

(b)may be made in appeal proceedings.

(3) A Part 36 offer which offers to pay or offers to accept a sum of money will be treated as inclusive of all interest until—

(a)the date on which the period stated under rule 36.2(2)(c) expires; or

(b)if rule 36.2(3) applies, a date 21 days after the date the offer was made.

(4) A Part 36 offer shall have the consequences set out in this Part only in relation to the costs of the proceedings in respect of which it is made, and not in relation to the costs of any appeal from the final decision in those proceedings.

(5) Before expiry of the relevant period, a Part 36 offer may be withdrawn or its terms changed to be less advantageous to the offeree, only if the court gives permission.

(6) After expiry of the relevant period and provided that the offeree has not previously served notice of acceptance, the offeror may withdraw the offer or change its terms to be less advantageous to the offeree without the permission of the court.

(7) The offeror does so by serving written notice of the withdrawal or change of terms on the offeree.

(Rule 36.14(6) deals with the costs consequences following judgment of an offer that is withdrawn)]

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