Section 36.17(5)

In considering whether it would be unjust to make the orders referred to in paragraphs (3) and (4), the court must take into account all the circumstances of the case including— the terms of any Part 36 offer; the stage in the proceedings when any Part 36 offer was made, including in particular how long before the trial started the offer was made; the information available to the parties at the time when the Part 36 offer was made; the conduct of the parties with regard to the giving of or refusal to give information for the purposes of enabling the offer to be made or evaluated; and whether the offer was a genuine attempt to settle the proceedings.

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