birketts – Navigating Part 36: an offer must reflect a genuine attempt to settle

This article explores the decision in Yieldpoint Stable Value Fund, LP v Kimura Commodity Trade Finance Fund Ltd [2023], where the High Court underscored the requirements in respect of a Claimant’s Part 36 offer. The court held that, as per CPR 36.17(4), a claimant’s offer must constitute a genuine attempt to settle. Failing this, it would be unjust to award Part 36 enhancements when an offer is later accepted. This decision serves as a stark reminder that a Part 36 offer must genuinely reflect an earnest attempt to settle, or claimants risk forfeiting the opportunity for relevant enhancements.