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Oer to settle
(Section I – Part 36)
In the (If proceedings have started)
Claim No. (or other ref.)
Name of Claimant (including ref.)
Name of Defendant (including ref.)
To the Oeree (’s legal representative) (Insert name and address)
Take notice that (insert name of party making the oer)
makes this oer to settle pursuant to Part 36 of the Civil Procedure Rules 1998.
This oer is intended to be a
defendant’s claimant’s Part 36 oer.
If the oer is accepted within ________ days of service of this notice,
the defendant will be liable for the claimants costs in accordance with rule 36.13.
Note: Specify a period which, subject to
rule 36.5(2), must be at least 21 days
The oer is to settle:
(tick as appropriate)
the whole of part of
(give details over the page)
a certain issue or issues in
(give details over the page)
the
claim counterclaim other additional claim
appeal cross-appeal detailed costs assessment proceedings
N242A Oer to settle (Section I - Part 36) (06.15) © Crown copyright 2015
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.
A Notice of acceptance form is attached to this form
should the oeree wish to use it.
Before completing this form or responding to the oer
please read the notes on pages 4 and 5
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Please give details below of the oer you are making (If necessary continue on a separate
sheet ensuring the claim number, if proceedings have started, is shown clearly)
The oer does does not take into account all part
of the following counterclaim (or other adverse claim):
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Is this a personal injury claim?
Yes, please complete section 2,
section 3 if applicable and section 4
No, please go to Section 4
SECTION 2
PERSONAL INJURY CLAIMS
Is there a claim for provisional damages?
Yes, complete either part A or B below
No, please go to Section 3
A The oer is made in satisfaction of the claim on the assumption that the
claimant will not:
develop
(state the disease)
OR
suer
(state type of
deterioration)
But if this does occur, the claimant will be entitled to claim
further damages at any time before
Day Month Year
B
This oer does not include an oer in respect of the claim for provisional
damages.
Note: See rule 36.19
SECTION 3
To be completed only by DEFENDANTS in PERSONAL INJURY claims
A This oer is made without regard to any liability for recoverable benets under
the Social Security (Recovery of Benets Act) 1997.
OR
B
This oer is intended to include any relevant deductible benets for which the
defendant is liable under the Social Security (Recovery of Benets Act) 1997.
The amount of £ is oered by way of gross compensation.
If you have ticked B, complete this section
The defendant has not yet received a certicate of recoverable benets.
OR
The following amounts in respect of the following benets are to be
deducted. Please give details below.
Type of benet Amount
The net amount oered is therefore £
Note: See rule 36.22
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Full name
Name of rm
(if applicable)
Signed Position held
(If signing on behalf
of a rm or company)
Oeror(‘s legal representative)
Date
Day Month Year
SECTION 4
Complete in ALL cases
Details of the party making the oer
IMPORTANT NOTES:
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 oer in respect of an appeal, an appellant seeking to settle their appeal should make
a claimant’s oer while a respondent should make a defendants oer. [See rule 36.4.]
3. When used to make a Part 36 oer in respect of a counterclaim or other additional claim or a cross-appeal in certain
appeal proceedings:
- the party bringing the counterclaim, additional claim or cross-appeal can make (a) a claimants oer on such
counterclaim, additional claim or cross-appeal; or (b) a defendant’s oer on the claim or appeal; and
- the party bringing the original claim or appeal can make (a) a claimants oer on such claim or appeal; or
(b) a defendant’s oer on the counterclaim or cross-appeal.
In any case the oeror should make plain whether the oer takes into account any adverse claim. For example,
when making an oer on a claim, state whether it takes into account the counterclaim. Equally when making an
oer 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 oer in detailed costs assessment proceedings, the receiving party in the
assessment should make a claimant’s oer while the paying party should make a defendant’s oer. [See rule 47.20.]
5. In summary, Part 36 provides that:
- A party making a defendant’s oer is oering something to settle their opponents 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 oer is oering to accept something to settle their own claim, counterclaim,
additional claim, appeal, cross-appeal or costs assessment proceedings on terms that their opponent pays
their costs.
6. Part 6 of the Civil Procedure Rules makes detailed provision for the service of court documents.
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NOTICE OF ACCEPTANCE
Details of the party accepting the oer
Full name
Name of rm
(if applicable)
Signed Position held
(If signing on behalf
of a rm or company)
Oeree(‘s legal representative)
Date
Day Month Year
In the (If proceedings have started)
Claim No. (or other ref.)
Name of Claimant (including ref.)
Name of Defendant (including ref.)
To the Oeror/legal representative
Take notice that (insert name of party accepting the oer)
accepts this oer to settle pursuant to rule 36.11 of the Civil Procedure Rules 1998.
NOTES:
1. This form is suitable for the simple acceptance of the oer.
2. Where an oer relates only to part of the proceedings and the
oeree wishes to abandon the balance of the claim then this
should be made clear when accepting the oer.
[See rule 36.13(2).]
3. See rule 36.15 where the oer was made by one or more but not
all of the defendants.
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signature
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