CPR Part 36 Offers: Defining the ‘Relevant Period’
What is a part 36 order?
Part 36 of the Civil Procedure Rules (“Part 36”) (CPR Part 36) is a self-contained set of rules designed to encourage both parties to settle a claim outside of court. Court proceedings are expensive and can be risky for both parties, but often, a skilled litigator will be able to settle issues outside of court either by way of negotiation or through mediation.
What are the requirements for a valid CPR Part 36 offer?
CPR Part 36 offers can be put forward by either party; whilst offers are often consist of a sum of money to settle a disputed claim, a Part 36 offer can also be a non-monetary offer – for example, an offer on liability.
If the offer is accepted, the claim is resolved, subject to any issues in respect of costs. However, if the offer is rejected and the parties go to trial, there may be cost consequences as a result of rejecting a CPR Part 36 offer to settle.
Whilst they must be managed carefully, CPR Part 36 offers can be used as a significant tactical advantage by both parties. An experienced solicitor will also be aware of any relevant case law within this area, which they can use to manage your matter in the most effective way.
Part 36 Offer example
When making a CPR Part 36 offer, the offer put forward will outline a "Relevant Period" within which a CPR Part 36 offer to settle must be accepted – a period not less than 21 days from the date the offer is made. A recent High Court case has determined that a CPR Part 36 offer made without a clear definition of the "Relevant Period" will still be considered valid if that term has been defined in previous offers.
In the case of Henderson & Jones Ltd v Salica Investments Ltd and others [2025], the defendants argued that the CPR Part 36 offer was defective in failing to comply with Civil Procedure Rules requirements, specifically that a CPR Part 36 offer is required to specify a period of not less than 21 days.
The claimant's position was that, although the "Relevant Period" was not defined within the specific Offer, under scrutiny, previous CPR Part 36 offers made by both sides had already defined this “Relevant Period” as meaning 21 days. It was therefore "plainly intended" that the latest CPR Part 36 offer was to adopt the same definition as in previous offers.
The judge opined that, considering the previous correspondence of which the CPR Part 36 offer was "expressly said to be a part", a reasonable reader would "fully understand" that the reference to the "Relevant Period" in the CPR Part 36 offer was to the previously agreed period of 21 days. Further, the defendant had not raised an issue at the time, despite having been invited to do so, which supported the conclusion that there was a "common understanding" between the parties.
This case therefore highlights the importance of careful and proper drafting of CPR Part 36 offers to avoid unnecessary disputes and costs later down the line.
The Dispute Resolution Team at Thompson Smith and Puxon has a broad range of experience in settling claims before legal proceedings begin and supporting clients even after legal proceedings have commenced. Our expert lawyers can offer advice and support if you are embarking on or dealing with an ongoing dispute. Please contact us on 01206 574431 or email enquiries@tsplegal.com to set up an initial meeting.