ABSTRACT
Part 36 payments and Part 36 offers can only be made once proceedings have started (r 36.2(4)). However, there is also provision to make a pre-action offer to settle, which will be taken into account by the court so long as it complies with the provisions of r 36.10, but only in relation to the question of costs.6 Once proceedings have started, a party can make a Part 36 offer or a Part 36 payment at any time (r 36.2(4)(a)). A Part 36 offer or payment can also be made in appeal proceedings (r 36.2(4)(b).
