ABSTRACT
Avoiding litigation and early settlements fall within the ‘saving expense’ part of the overriding objective1a (CPR r 1.1(2)(b)) and Part 36 offers and payments can be seen as one of the main tools in bringing these results about. Part 36 provides a mechanism for a party, the offeror, to make an offer or payment to settle a dispute which, if rejected by the opponent, the offeree, and the case proceeds to trial, can be used as an indicator as to whether those proceedings were a waste of time and money.
