The defendant costs specialists

Part 36 costs offers

By on Jan 27, 2015 | 2 comments

I recently received an offer as follows:

“We confirm that we can agree to accept the sum of £18,800.00 in settlement of our costs, this offer is made subject to S1 Part 36 CPR, applies to the whole of this matter and is open for acceptance for 7 days.

If we do not hear from you within that period we intend to set this matter down.”

I wonder what possesses people who have clearly never read Part 36 to think that making an offer purporting to be a Part 36 offer is a good idea.


  1. That sounds remarkably familiar Simon, I’m sure I have the same letter somewhere!

    I have to confess, what fool thought extending Part 36 to costs cases, run predominantly by people with less understanding of Part 36 then the solicitors who don’t understand it themselves? (example? recent case where a solicitor accepted his own Part 36 he made on a Part 20 claim he was opposing, informed the Court staying the whole case; then served a bill, whereupon we pointed out he not only had no right to costs, but he no longer had any claim!)


    27th January 2015

  2. There is no excuse for this, actually. Part 36 is very straight forward. All you have to do is read it and make sure all the boxes are ticked.


    27th January 2015

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