Part 36 offer

[MAJBeagles]

A family member has received a Part 36 offer for an injury claim which we believe is inadequate. Can we make a Part 36 offer in return to this offer and what are the implications of not accepting it

[Amethyst]

This is the relevant CPR https://www.justice.gov.uk/courts/pr...l/rules/part36

Very very basically, and in my understanding, if you decline the offer and are awarded less or equal at hearing than the offer, you may have to pay the other sides legal costs incurred after the offer was made ( as had you accepted, you'd have been in a better position and the continued court action wouldn' t have been required ) - if you are awarded more at the hearing than the Part 36 offer then the offer is never mentioned. The offer isn't disclosed except at the end of a case when discussing costs.


You can negotiate back of course which would be a rejection of the Part 36 offer.

Is the other side represented and are you not represented ?

This might be a useful overview https://www.ashfords.co.uk/news-and-...part-36-offers