Rule 36.15 Acceptance of a Part 36 offer made by one or more, but not all, defendantsF1

(1)

This rule applies where the claimant wishes to accept a Part 36 offer made by one or more, but not all, of a number of defendants.

(2)

If the defendants are sued jointly or in the alternative, the claimant may accept the offer if—

(a)

the claimant discontinues the claim against those defendants who have not made the offer; and

(b)

those defendants give written consent to the acceptance of the offer.

(3)

If the claimant alleges that the defendants have a several liability^(GL) to the claimant, the claimant may—

(a)

accept the offer; and

(b)

continue with the claims against the other defendants if entitled to do so.

(4)

In all other cases the claimant must apply to the court for permission to accept the Part 36 offer.

Annotations

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: 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)