Short answer
Prepare the claim value, pleadings, evidence, costs position, offers already made, counterclaim details, trial timetable and the settlement question you want answered.
Quick checklist
Start with these
Best order
How to organise the first pack
- State whether advice is needed before sending, accepting or responding to an offer.
- Put the proposed or received offer wording at the front.
- Add pleadings, orders and costs information.
- Summarise the evidence affecting liability and value.
- Identify any trial, mediation or response deadline.
Start With The Offer And The Claim
A Part 36 enquiry should begin with the exact offer wording, whether it has been sent or received and the date it was served. The barrister will also need to understand whether the offer relates to the whole claim, part of the claim, an issue, a counterclaim or an appeal.
The first note should identify the claim value, disputed issues, court track, trial window or hearing date and any previous offers.
Documents To Gather
A settlement pack should make it possible to review the evidence and the financial risk without searching through unrelated correspondence.
- Proposed, received, withdrawn or varied offer letters and dates of service.
- Claim form, particulars of claim, defence, reply, counterclaim and key orders.
- Schedule of loss, valuation evidence, invoices, expert reports or account material.
- Costs budgets, costs estimates, court fees and any fixed-costs or track information.
- Disclosure, witness statements, expert evidence and documents affecting liability or quantum.
- Trial date, mediation date, settlement deadline and any approval issues for a child or protected party.
How A Barrister May Help
A barrister may be asked to advise on merits, valuation, settlement range, offer wording, response options, costs risk, counterclaims and hearing preparation.
Some settlement work needs solicitor coordination, particularly where there are multiple parties, protected parties, enforcement issues, costs budgeting or ongoing service and correspondence tasks.
Review Points
Part 36 has specific formal requirements and costs consequences. This guide does not decide whether an offer is valid, whether it should be accepted or what settlement figure is appropriate.
Put any trial date, expiry date or requested response date clearly at the front of the enquiry.
Avoid delays
What not to send first
- Summarising an offer without sending the exact wording.
- Leaving out counterclaims or part-claim settlement issues.
- Treating every without-prejudice offer as a Part 36 offer.
- Asking for tactical settlement advice without value and costs information.
Source/review note: checked against Civil Procedure Rule Part 36 and BSB Public Access guidance in August 2026. Part 36 wording, costs consequences, withdrawal, acceptance, protected-party approval and tactical settlement advice need specialist civil litigation review before publication.
Editorial status: source and legal review required. No completed legal review is claimed.
Part 36 Offer Barrister Settlement Guide FAQs
What is the key document for Part 36 advice?
Send the proposed or received offer wording, pleadings, schedule of loss or claim value, costs position and current court timetable.
Can a barrister draft a Part 36 offer?
A barrister may be able to draft or advise on offer wording where the case, value, costs position and litigation timetable can be properly assessed.
Is every settlement offer a Part 36 offer?
No. Civil Procedure Rule Part 36 contains specific requirements. Other offers may still matter, but may not carry the same Part 36 consequences.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
