Part 36 Offers in No Win No Fee Claims — England & Wales
A Part 36 offer is a formal settlement offer with prescribed cost consequences. A claimant who wins but fails to obtain a judgment more advantageous than a defendant's offer may face costs and interest consequences from the end of the relevant period. Take case-specific advice before accepting or rejecting one.
Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Why an offer changes risk
Part 36 is designed to encourage settlement. Its consequences are not merely an ordinary negotiation point: the court applies a specific cost framework unless doing so would be unjust.
Before responding
A solicitor should compare the offer with current evidence, future losses, litigation risk, interest and the possible cost consequences. The decision should be recorded with the assumptions used.
- Check the relevant period and expiry date
- Confirm whether the offer covers the whole claim
- Update medical and financial evidence
- Model the net result after fees and costs
- Ask how QOCS affects enforcement
Interaction with a CFA
The CFA should explain what happens if advice to accept an offer is rejected and the case later fails to beat it. Read that provision together with any ATE policy terms.
Frequently Asked Questions
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Civil Procedure Rules, Part 36 (offers to settle)
Cost consequences of rejecting an offer and failing to beat it at trial.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013
Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.