Rule 36.16 Restriction on disclosure of a Part 36 offerF1

(1)

A Part 36 offer will be treated as “without prejudice except as to costs”.

(2)

The fact that a Part 36 offer has been made and the terms of such offer must not be communicated to the trial judge until the case has been decided.

(3)

Paragraph (2) does not apply—

(a)

where the defence of tender before claim has been raised;

(b)

where the proceedings have been stayed under rule 36.14 following acceptance of a Part 36 offer;

(c)

where the offeror and the offeree agree in writing that it should not apply; or

(d)

where, although the case has not been decided—

(i)

any part of, or issue in, the case has been decided; and

(ii)

the Part 36 offer relates only to parts or issues that have been decided.

(4)

In a case to which paragraph (3)(d)(i) applies, the trial judge—

(a)

may be told whether or not there are Part 36 offers other than those referred to in paragraph (3)(d)(ii); but

(b)

must not be told the terms of any such other offers unless any of paragraphs (3)(a) to (c) applies.

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)