Do Part 36 offers go in the trial bundle?

• A. Yes, always
• B. Only if the court orders
• C. They go in if accepted
• D. No, they remain privileged until costs are decided

Answer: (D)

Part 36 offers are a method to settle a dispute that is kept protected as without prejudice communications. This privilege is intended to encourage honest settlement discussions without prejudicing the parties’ positions at trial. Because of that protection, the actual terms and even the existence of a Part 36 offer are not normally disclosed in the trial bundle. They stay privileged until the costs assessment stage.

The reason this matters is that the bundle should present evidence and arguments about the merits of the claim, not settlements negotiations. The Part 36 offer can influence the costs outcome later, since the court can take it into account when deciding costs, but the documents themselves remain privileged until costs are decided.