Which of the following is NOT a formal requirement of a Part 36 offer?

• A. It must be in writing.
• B. It must specify that it is made pursuant to Part 36.
• C. It must state whether it relates to the whole claim or to part of it.
• D. It must state the court's permission to withdraw or change the offer.

Answer: (D)

Part 36 offers are settlement offers made under the CPR that must be clear and capable of enforceable use in a dispute. A valid Part 36 offer must be in writing, must state that it is made pursuant to Part 36, and must specify whether it relates to the whole claim or only part of it. It should also set out the amount or the terms offered and include a minimum acceptance period (no shorter than 21 days). There’s usually information about how costs and interest are treated, and the offer must be served on the other parties. There is no requirement to obtain the court’s permission to withdraw or change the offer; an offer can be withdrawn or varied by the offeror without court approval, though such changes can affect costs outcomes if the case proceeds to trial.