Section 36.11

A Part 36 offer is accepted by serving written notice of acceptance on the offeror. Subject to paragraphs (3) and (4) and to rule 36.12, a Part 36 offer may be accepted at any time (whether or not the offeree has subsequently made a different offer), unless it has already been withdrawn. (Rule 21.10 deals with compromise, etc. by or on behalf of a child or protected party.) (Rules 36.9 and 36.10 deal with withdrawal of Part 36 offers.) The court’s permission is required to accept a Part 36 offer where— (Rule 36.15 deals with offers by some but not all of multiple defendants.) (Rule 36.20 defines “deductible amounts”.) (Rule 41.3A requires an apportionment in proceedings under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.) rule 36.15(4) applies; rule 36.20 (3)(b) applies, the relevant period has expired and further deductible amounts have been paid to the claimant since the date of the offer; an apportionment is required under rule 41.3A; or a trial is in progress. Where the court gives permission under paragraph (3), unless all the parties have agreed costs, the court must make an order dealing with costs, and may order that the costs consequences set out in rule 36.13 apply.

← 3 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-08-15