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Rule 36.11 Acceptance of a Part 36 offerF1

(1)

A Part 36 offer is accepted by serving written notice of acceptance on the offeror.

(2)

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accepted at any time (whether or not the offeree has subsequently made a different offer), unless it has already been withdrawn.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.)

(3)

The court’s permission is required to accept a Part 36 offer where—

(a)

rule 36.15(4) applies;

(b)

rule F236.20 (3)(b) applies, the relevant period has expired and further deductible amounts have been paid to the claimant since the date of the offer;

(c)

an apportionment is required under rule 41.3A; or

(d)

a trial is in progress.

(Rule 36.15 deals with offers by some but not all of multiple defendants.)

(Rule F336.20 defines “deductible amounts”.)

(Rule 41.3A requires an apportionment in proceedings under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.)

(4)

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.

Annotations

Textual amendments

F1

Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)

F2

Word in rule 36.11(3)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(5)(a) (with rule 2)

F3

Word in rule 36.11 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(5)(b) (with rule 2)

Notes on Part 36

Textual amendments

F2

Words in Pt. 36 Table of Contents substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(1) (with rule 2)

F3

Words in Pt. 36 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(1)