ABSTRACT
There are restrictions on disclosure to the court of the fact that a Part 36 offer or payment has been made, or its contents, until all relevant questions of liability and quantum have been decided. The basis for this rule is that it is public policy to encourage parties to settle disputes rather than litigate them and it is thought that a party would be reluctant to try and compromise an action if statements or offers made in the course of such negotiations for settlement could be relied upon at trial as admissions of liability and quantum. Negotiations for settlement are, therefore, protected from disclosure by privilege.
