Rule 36.23 Costs consequences of acceptance of a Part 36 offerF1F2
Where a Part 36 offer is accepted within the relevant period, the claimant is entitled to—
the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which notice of acceptance was served on the offeror; and
any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII of Part 45 incurred in any period for which costs are payable to them.
Where—
a defendant’s Part 36 offer relates to part only of the claim; and
at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim,
the claimant is entitled to the fixed costs in paragraph (1).
Subject to paragraphs (4) and (5), where a defendant’s Part 36 offer is accepted after the relevant period—
the claimant is entitled to—
the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date on which the relevant period expired; and
any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them; and
the claimant is liable for the defendant’s costs in accordance with paragraph (8).
Where a claim no longer continues under the RTA or EL/PL Protocol, then, subject to paragraph (5), where the claimant accepts the defendant’s Protocol offer after the date on which the claim leaves the Protocol—
the claimant is entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 10 or Table 11 in Practice Direction 45; and
the claimant is liable for the defendant’s costs in accordance with paragraph (8).
In a soft tissue injury claim, if the defendant makes a Part 36 offer before the defendant receives a fixed cost medical report, paragraphs (3) and (4) shall only have effect if the claimant accepts the offer more than 21 days after the defendant received the report.
Fixed costs shall be calculated by reference to the amount of the offer which is accepted.
Where the parties do not agree the liability for costs, the court must make an order as to costs.
Subject to paragraph (9) where the court makes an order for costs in favour of the defendant, the defendant is entitled to—
the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the stage applicable at the date of acceptance; and
any applicable additional fixed costs allowed under Section I, Section VI, Section VII or Section VIII incurred in any period for which costs are payable to them,
less the fixed costs to which the claimant is entitled under paragraph (3)(a)(i) or (4).
Where—
an order for costs is made pursuant to paragraph (3); and
the stage applicable at the date on which the relevant period expires and the stage applicable at the date of acceptance are the same,
the defendant is entitled to the fixed costs applicable to that stage.
The parties are entitled to disbursements allowed in accordance with Section IX of Part 45 incurred in any period for which costs are payable to them.
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
Pt. 36 Section 2 inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(10) (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)