Rule 36.2 Scope of this SectionF1
F2This Section—
applies to an offer to settle to which Section II of this Part applies, unless otherwise stated; but
does not apply to an offer to settle to which Section III applies.
Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with rule 36.5, it will not have the consequences specified in this Section.
(Rule 44.2 requires the court to consider an offer to settle that does not have the costs consequences set out in this Section in deciding what order to make about costs.)
A Part 36 offer may be made in respect of the whole, or part of, or any issue that arises in—
a claim, counterclaim or other additional claim; or
an appeal or cross-appeal from a decision made at a trial.
(Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant or a defendant include a party bringing or defending an additional claim.)
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
Rule 36.2(1) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(3) (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)