Rule 36.9 Withdrawing or changing the terms of a Part 36 offer generallyF1
A Part 36 offer can only be withdrawn, or its terms changed, if the offeree has not previously served notice of acceptance.
The offeror withdraws the offer or changes its terms by serving written notice of the withdrawal or change of terms on the offeree.
(Rule 36.17(7) deals with the costs consequences following judgment of an offer which is withdrawn.)
Subject to rule 36.10, such notice of withdrawal or change of terms takes effect when it is served on the offeree.
(Rule 36.10 makes provision about when permission is required to withdraw or change the terms of an offer before the expiry of the relevant period.)
Subject to paragraph (1), after expiry of the relevant period—
the offeror may withdraw the offer or change its terms without the permission of the court; or
the offer may be automatically withdrawn in accordance with its terms.
Where the offeror changes the terms of a Part 36 offer to make it more advantageous to the offeree—
such improved offer shall be treated, not as the withdrawal of the original offer; but as the making of a new Part 36 offer on the improved terms; and
subject to rule 36.5(2), the period specified under rule 36.5(1)(c) shall be 21 days or such longer period (if any) identified in the written notice referred to in paragraph (2).
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)
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)