Client Advice Note
In rent review disputes and wider property litigation, the way in which settlement offers are made can have a
decisive impact on costs, strategy, and overall outcome. Two of the most important mechanisms are Calderbank
offers and Part 36 offers.
Understanding the distinction between these offers is essential for any party involved in a rent review, particularly
where a rent review surveyor or RICS expert witness surveyors are instructed to provide expert evidence.
What Is a Calderbank Offer?
A Calderbank offer is a settlement offer made on a “without prejudice save as to costs” basis. It allows parties to
attempt settlement without prejudicing their substantive position, while still reserving the right to rely on the offer
when costs are considered.
Key features include flexibility, discretionary cost consequences, and strategic use in rent review disputes.
What Is a Part 36 Offer?
A Part 36 offer is a formal settlement offer made under the Civil Procedure Rules. It carries automatic and
potentially severe cost consequences if not properly considered.
Part 36 offers must comply strictly with procedural requirements and are often used to apply settlement pressure in
rent review litigation.
Importance in Rent Review Disputes
Rent review disputes frequently involve expert valuation evidence, competing assumptions, and significant legal
costs. Courts expect parties to engage in reasonable settlement behaviour.
Role of RICS Expert Witness Surveyors
RICS expert witness surveyors provide independent valuation evidence, assist in assessing settlement offers, and
support strategic litigation decisions.
Conclusion
Calderbank and Part 36 offers are powerful tools in rent review disputes. Specialist advice from a rent review
surveyor and RICS expert witness surveyors is essential to protect your position and manage costs effectively.
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