Name of rm
Signed Position held
(If signing on behalf
of a rm or company)
Oeror(‘s legal representative)
Day Month Year
Complete in ALL cases
Details of the party making the oer
1. This form may be used to settle the whole or part of, or any issue that arises in, a claim, counterclaim, other
additional claim, appeal or cross-appeal. It may also be used to settle detailed costs assessment proceedings.
2. When used to make a Part 36 oer in respect of an appeal, an appellant seeking to settle their appeal should make
a claimant’s oer while a respondent should make a defendant’s oer. [See rule 36.4.]
3. When used to make a Part 36 oer in respect of a counterclaim or other additional claim or a cross-appeal in certain
- the party bringing the counterclaim, additional claim or cross-appeal can make (a) a claimant’s oer on such
counterclaim, additional claim or cross-appeal; or (b) a defendant’s oer on the claim or appeal; and
- the party bringing the original claim or appeal can make (a) a claimant’s oer on such claim or appeal; or
(b) a defendant’s oer on the counterclaim or cross-appeal.
In any case the oeror should make plain whether the oer takes into account any adverse claim. For example,
when making an oer on a claim, state whether it takes into account the counterclaim. Equally when making an
oer on a counterclaim, state whether it takes into account the claim. [See rules 36.2(3), 20.2 & 20.3 in respect of
counterclaims and other additional claims. See rules 36.2(3) and 36.4 in respect of cross-appeals.]
4. When this form is used to make a Part 36 oer in detailed costs assessment proceedings, the receiving party in the
assessment should make a claimant’s oer while the paying party should make a defendant’s oer. [See rule 47.20.]
5. In summary, Part 36 provides that:
- A party making a defendant’s oer is oering something to settle their opponent’s claim, counterclaim,
additional claim, appeal, cross-appeal or costs assessment proceedings and to accept a liability to pay costs.
- A party making a claimant’s oer is oering to accept something to settle their own claim, counterclaim,
additional claim, appeal, cross-appeal or costs assessment proceedings on terms that their opponent pays
6. Part 6 of the Civil Procedure Rules makes detailed provision for the service of court documents.
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