If a Part 36 offer is improved, how is the new offer treated regarding the relevant period?

• A. It is treated as a new offer with a fresh 21-day period.
• B. The original 21 days continue; improvements do not reset the period.
• C. The period is shortened to 14 days.
• D. The period is irrelevant if the offer is improved.

Answer: (A)

When a Part 36 offer is improved, it is treated as a fresh offer with a new 21-day acceptance period. This resets the clock so the other side has a full 21 days from the improved offer’s service to decide whether to accept. It keeps the process fair by giving proper time to consider the better terms and prevents manipulating the deadline by tweaking the offer after the original period has started.

In contrast, the original 21 days aren’t carried forward for the improved offer, and the period isn’t shortened or deemed irrelevant. If the improved terms are accepted within the new 21 days, settlement occurs on those terms; if not, the case proceeds under the usual Part 36 costs implications.