15. Part 36 offers and offers to settle outside Part 36

Offers to settle are a common occurrence prior to the resolution dispute or the start of trial. There does not appear to be a limit on the number of offers that can be made, although credibility and common sense would indicate that offers to settle should be made purposefully, but not irrationally. This chapter discusses the main features of Part 36 of the Civil Procedure Rules (CPR) and its Practice Direction in relation to commercial and personal injury claims; practical suggestions on dealing with Part 36 offers; and advising the client. It considers recent cases that demonstrate how the courts apply and interpret CPR Part 36. This chapter will also discuss the relative merits of global offers, and other offers that do not have the ‘protections’ or procedures associated with Part 36 offers.