lexiara

Section 36.16(3)

Paragraph (2) does not apply— where the defence of tender before claim has been raised; where the proceedings have been stayed under rule 36.14 following acceptance of a Part 36 offer; where the offeror and the offeree agree in writing that it should not apply; or where, although the case has not been decided— any part of, or issue in, the case has been decided; and the Part 36 offer relates only to parts or issues that have been decided.

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