ABSTRACT

Rule 36.8(2) states that a Part 36 payment is made when written notice of the payment into court is served on the offeree. This is further explained in the Part 36 Practice Direction as meaning that the Part 36 payment is made when the Part 36 payment notice is served on the offeree (PD 36, para 3.2). The defendant can expressly elect to serve the Part 36 payment notice himself, but failing that it will be served by the court (r 36.6(3)).25 The usual rules as to service will apply.26