WHAT TO DO IF THE DEFENDANT MAKES AN EARLY PART 36 OFFER: WEBINAR 29th APRIL 2026

The Court of Appeal’s  recent decision in Attersley v UK Insurance Ltd  [2026] EWCA Civ 217  has sharpened the costs risks faced by claimants who accept a Part 36 offer outside the relevant period. While a claimant who accepts late remains subject to fixed recoverable costs up to the expiry of the relevant period, the defendant may recover its post-expiry costs on the standard basis, creating a potentially significant financial exposure.  This webinar looks at the difficulties faced by claimant lawyers in this position, reviews the case law and guidance in detail and provides a set of useful checklists to help ensure that practitioners give the best possible advice to the client.  Booking details are available here. 

QUOTES TO THINK ABOUT…

“in personal injury claims as in other litigation, offers to settle are often made at an early stage when the evidence is incomplete (either on liability or quantum or both). In these circumstances, it is the job of the claimant’s advisors to weigh up the merits of the Part 36 offer and give the claimant appropriate advice.”

Campbell -v- Ministry of Defence [2019] EWHC 2121 (QB)

“… parties frequently face the pressure of a Part 36 offer without all pieces of the jigsaw in place. Much of the purpose of Part 36 would be lost if it were otherwise; the costs which the regime was intended to prevent being incurred, would have to be incurred before the normal consequences of the offer could flow. A well judged Part 36 offer is often based on inspired and educated guesswork, which the other party must also display when deciding whether to accept it.”

EQUITIX Eeef Biomass 2 Ltd –v- Fox [2021] EWHC 2781 (TCC)

THE CLAIMANT’S DILEMMA

At the same time, defendants are increasingly deploying very early Part 36 offers, sometimes before medical evidence is obtained or quantum can be reliably assessed. These early offers place claimant solicitors in a difficult position:

• Reject too quickly, and the client risks adverse costs consequences if the offer is later beaten.
• Accept too soon, and the claim may settle at an undervalue.
• Delay acceptance, and exposure to the defendant’s costs may arise.

This webinar examines the strategic, procedural, and professional tensions created by early Part 36 offers. It explains the relevant rules, explores developing appellate guidance, and provides practical, risk-managed approaches to advising clients when evidence is incomplete.

Through practical examples and analysis of recent authorities, the session equips practitioners with clear, structured guidance on managing early Part 36 offers safely, effectively, and defensibly.

Learning Objectives

By the end of this webinar, participants will be able to:

• Understand the purpose and mechanics of Part 36 offers, including how they operate within the Civil Procedure Rules framework.
• Analyse the implications of the Court of Appeal’s decision in Attersley v UK Insurance Ltd for late acceptance of Part 36 offers, particularly the costs consequences for claimants.
• Assess the strategic risks posed by very early Part 36 offers, especially where medical or quantum evidence is incomplete.
• Explain the interaction between Part 36 and fixed recoverable costs (FRC), including when fixed costs apply and when costs may be assessed.
• Evaluate the professional and negligence risks arising from advising clients to accept or reject early offers.
• Provide structured, defensible advice to clients where valuation evidence is incomplete or evolving.
• Implement practical steps to protect both the client’s position and the solicitor, including documentation, evidence gathering, and tactical responses.