If you’ve been involved in an accident that caused you a personal injury, you may be entitled to compensation. As part of the claims process, you might encounter a Part 36 offer, a formal settlement proposal under the Civil Procedure Rules (CPR). But what is a Part 36 offer? In this guide, we’ll explain how Part 36 offers work and how they could impact your personal injury claim.
What is a Part 36 offer and when might you come across one?
A Part 36 offer is a legally binding settlement proposal that follows specific requirements under the CPR:
- Your Part 36 offer must be made in writing and explicitly state that it is a Part 36 offer
- Your Part 36 offer must outline whether the offer applies to all or part of the claim
- Your Part 36 offer must provide a minimum period of 21 days, known as the relevant period, for the other party to consider acceptance
Both claimants and defendants can make a Part 36 offer at any stage of the claim process. They’re particularly common in personal injury cases, as settling early can help reduce legal costs.
Why are Part 36 offers important in personal injury claims?
Part 36 offers play a big role in personal injury claims for a few reasons:
- Early settlements — Part 36 offers provide a structured negotiation process. They help resolve claims faster and reduce the burden on the courts
- Cost efficiency — Settling a claim early can significantly lower legal expenses for both parties involved
- Stress reduction — A quicker resolution allows the injured party to focus on recovery rather than a protracted legal battle
What happens if you say no to a Part 36 offer?
If you decide to reject a Part 36 offer for strategic reasons, you might risk increased pressure to settle or even reduced compensation. This could happen if you reject a defendant’s Part 36 offer and the court later awards you a lower amount. In such a case, you may have to cover some of the other party’s legal costs.
How do you decide whether to accept or reject a Part 36 offer?
If another party in a settlement negotiation has given you a Part 36 offer, there are a few things to consider before accepting. Look at the value of the offer, and whether or not it covers the damages you’ve experienced — and look at whether it will cover you in perpetuity into the future.
Always prioritise your best interests. If you have strong evidence to support a higher compensation amount, don’t hesitate to take your case to court. Ultimately, your solicitor will have the expertise to assess whether accepting the offer is the right move—so trust their advice.
If a Part 36 offer if it doesn’t seem right, can you negotiate?
You can always negotiate a Part 36 offer, but be careful when you do. Instead of outright rejection, you could make a counter offer through a revised settlement, or you could seek legal advice from your expert solicitor, who’ll guide you through your options.
Common situations when you might see a Part 36 offer
There are a number of reasons why a Part 36 offer might come up during the settlement process:
- Early settlement offers — Defendants may propose an early Part 36 offer at a lower amount to test your willingness to settle
- Pre-trial strategic offers — As the trial date approaches, a Part 36 offer might be made to avoid mounting legal costs
- Tactical pressures — Some defendants use Part 36 offers to encourage quick settlements, especially if they believe you don’t want to risk court proceedings
Why having the right solicitor on your side is important
If you’re making a personal injury claim, you’ll need legal expertise to guide you through. Express Solicitors will guide you through the process, assess any Part 36 offer, advise on potential cost risks, and negotiate on your behalf.
Whoever you’re up against, we’re committed to securing the best outcome for you — and with our no-win, no-fee guarantee, you’ll only pay us if your claim is successful. Ready to pursue a claim? Get in touch and we’ll be with you every step of the way. Call us on 0161 904 4661 or start your claim online.