Can an unaccepted Part 36 offer be improved before the end of the relevant period?

• A. An unaccepted offer can be improved before the end of the relevant period.
• B. An unaccepted offer cannot be improved.
• C. An unaccepted offer can only be improved after court approval.
• D. An unaccepted offer must be withdrawn.

Answer: (A)

Part 36 offers can be improved while the offer is still within the relevant period. If a party hasn’t accepted an offer, they may serve a new, more favorable Part 36 offer before the period ends. This fresh offer can reset the terms and provide another opportunity for settlement without needing court approval. It’s a practical way to reflect changing positions and push towards an agreement, while preserving the option for the other side to accept the improved terms within the new or existing timeframe.