When is a Part 36 Offer not a Part 36 Offer?

The Royal Courts of Justice

An offer of settlement was only a compliant Part 36 offer under CPR r.36.5(1)(d) if it referred to “a claim or part of the claim or an issue which arose in the claim” which had been pleaded. An offer to settle a claim which had been proposed or intimated, but which had not yet been incorporated into the pleadings, is not a Part 36 offer.

(1) TIM-ALEXANDER GUNTHER NIKOLAUS HERTEL (2) ARTEMIS INTERNATIONAL SARL v (1) JOHN FRANCIS SAUNDERS (2) LIQUID STRATEGIES LTD [2018] EWCA Civ 1831