Part 36 calculator (CPR 36.17 consequences)
calculate_part_36_offerWorks out a Part 36 offer in England and Wales: when it was made (deemed service, CPR 6.26 and 36.7) and when its relevant period ends; whether an acceptance was in time (CPR 36.13); whether the judgment, or the detailed assessment, beat the offer (CPR 36.17(1)); and the consequences in money: the additional amount, enhanced interest of up to 10% above base rate, indemnity costs and interest on them, the 35% uplift in fixed costs claims (CPR 36.24), or the defendant's costs. Uses the Bank of England's base rate history. Give at least who made the offer, the amount and the date it was sent; add the outcome to see the consequences.
Input Schema
| Name | Required | Description | Default |
|---|---|---|---|
| uplift | No | Enhanced interest: percentage points above base rate, up to 10 (default "10"). | |
| awarded | No | Where there was judgment: the damages awarded, excluding interest (in detailed assessment, the bill as assessed), in pounds, e.g. "12500" or "12,500.50". | |
| offeror | Yes | Who made the offer. In detailed assessment, claimant means the receiving party and defendant the paying party. | |
| outcome | No | "open" (default), "accepted", or "judgment" (in detailed assessment, the end of the assessment). | |
| fixedRate | No | Where enhancedBasis is "fixed": the annual rate in percent. | |
| offerSent | Yes | The date the offer was sent (YYYY-MM-DD). | |
| trialDate | No | The trial date, or the detailed assessment hearing date, if one is fixed (YYYY-MM-DD). | |
| withdrawn | No | The offer was withdrawn (CPR 36.17(7)(a)). | |
| costsUplift | No | Interest on those costs: percentage points above base rate, up to 10 (default "10"). | |
| offerAmount | Yes | The offer, in pounds, e.g. "12500" or "12,500.50". | |
| offerMethod | No | How the offer was sent (default email). | |
| proceedings | No | "claim" for a claim outside the fixed costs regimes (default), "fixed-costs" for a claim in Part 45 Sections VI to VIII, or "assessment" for an offer on the bill in detailed assessment (CPR 47.20). | |
| interestFrom | No | Where interestBasis is "rate": the date interest runs from (YYYY-MM-DD). | |
| interestRate | No | Where interestBasis is "rate": the annual rate in percent, e.g. "2". | |
| judgmentDate | No | Where there was judgment: its date (in detailed assessment, the end of the assessment) (YYYY-MM-DD). | |
| relevantDays | No | The relevant period in days (default "21"). | |
| enhancedBasis | No | Enhanced interest (CPR 36.17(4)(a)): "above-base" (default) or a "fixed" annual rate. | |
| interestBasis | No | Interest on the damages, for the comparison: "rate" (a simple rate from a date, the default), "figures" (amounts you give) or "none". | |
| interestTotal | No | Where interestBasis is "figures": the interest awarded in total, in pounds, e.g. "12500" or "12,500.50". | |
| acceptanceSent | No | Where accepted: the date the acceptance was sent (YYYY-MM-DD). | |
| postExpiryCosts | No | Costs from the end of the relevant period, for interest on costs (CPR 36.17(4)(c)), in pounds, e.g. "12500" or "12,500.50". | |
| acceptanceMethod | No | Where accepted: how the acceptance was sent (default email). | |
| changedAndBeaten | No | The offer was changed to be less advantageous, and the result beat the changed terms (CPR 36.17(7)(b)). | |
| interestToExpiry | No | Where interestBasis is "figures": the interest up to the end of the relevant period, in pounds, e.g. "12500" or "12,500.50". | |
| offerAfterCutOff | No | The offer was sent at or after 4.30pm (for email, fax, delivery or personal service). | |
| fixedCostsAtExpiry | No | Fixed costs claims: the fixed costs for the stage reached when the relevant period ended, in pounds, e.g. "12500" or "12,500.50". | |
| fixedCostsAtJudgment | No | Fixed costs claims: the fixed costs for the stage reached at judgment, in pounds, e.g. "12500" or "12,500.50". | |
| acceptanceAfterCutOff | No | Where accepted: the acceptance was sent at or after 4.30pm. |