Note 1: In the above table when it is indicated that an offer is binding if accepted this is subject to the general requirements of the law for a binding agreement: for example the terms must be sufficiently certain for an agreement to be binding. Also certain types of agreements have to be in a particular form and/or require the court's approval before becoming binding.
Note 2: A Part 36 offer is a special type of offer which can be made in (or before) civil court proceedings which are subject to the Civil Procedure Rules (CPR). A Part 36 Offer is a type of Without Prejudice Except as to Costs offer which has to meet certain conditions to qualify as a Part 36 Offer. Any offer which cannot meet those conditions has to be made as an ordinary Without Prejudice Except as to Costs offer, not as a Part 36 Offer. Whilst the court, when deciding what costs order to make after judgment, can take account of any offer which can be shown to the judge after judgment, the normal costs consequences of beat, or failing to beat, a Part 36 Offer are specified in some detail in Part 36 of the CPR and are normally followed by the judge.
The above explanation of the law relating to settlement offers is only an overview and in order to be reasonably concise in tabular form I have had to leave some details out - details which are likely to affect what the law would say about your own situation. So please do not rely on the above but contact me for advice
This page was lasted updated in September 2016 Disclaimer