Part 35 of the Cyprus Civil Procedure Rules: Offers to Settle
Updated for 2026 — last updated: 19 July 2026
Part 35 of the Cyprus Civil Procedure Rules — in force since 1 September 2023 and applying to litigation conducted under the new rules — is the provision that changed settlement dynamics in Cypriot litigation. It gives formal offers to settle real consequences: a party who refuses a well-judged offer and then fails to beat it at trial pays for the privilege. Three years into the regime, it is the tactical tool no litigator here can ignore.
Table of Contents
What Part 35 Does
Part 35 provides a formal mechanism for either party to make an offer to settle the whole or part of a claim, on terms that remain confidential from the trial judge until liability and quantum are decided. Its purpose is economic: by attaching costs consequences to the rejection of reasonable offers, it forces both sides to price their cases honestly throughout the litigation rather than only at the door of the court. In a system where costs follow the event, that pressure is real money.
Making a Valid Offer
A Part 35 offer must comply with the rule's formalities — in writing (the prescribed Form 58 practice), stating clearly what is offered, on what terms as to costs, and the period for acceptance — and can be made before or during proceedings, by claimants as well as defendants. Acceptance within the offer period ends the litigation on the offered terms; rejection or expiry leaves the offer standing as a costs weapon whose existence the trial judge will learn of only after judgment. Offers can be varied and bettered as the evidence develops — a live offer file, reviewed at each stage, is part of competent case management.
The Costs Consequences
| Outcome at trial | Consequence |
|---|---|
| Defendant's offer refused; claimant recovers no more than the offer | Claimant typically bears the costs from the offer's expiry despite winning — the win costs more than the offer would have |
| Claimant's offer refused; judgment equals or beats it | Enhanced consequences against the defendant on costs and interest under the rule |
| Offer beaten | Ordinary costs rules apply — the offer did its job of testing the range |
The arithmetic drives behaviour: a party holding a strong case still cannot ignore a sensible offer, because the margin between judgment and offer — not the bare result — decides who pays for the trial.
The Offer Playbook
The patterns that work: make the first offer early, calibrated just inside your realistic worst outcome — it starts the clock and frames the negotiation; for claimants, an offer marginally below full value puts maximum pressure on a defendant who expects to lose; for defendants, offer before disclosure hands the claimant a hard decision on incomplete information; renew and adjust offers as evidence lands, keeping a live offer on the table at each costs-significant stage; and record the reasoning behind each offer contemporaneously — it supports the costs argument later. Part 35 interacts with the pre-action stage too: protocol-phase settlement positioning (see our protocol guide) sets up the formal offers that follow issue.
Cyprus Part 35 vs England's Part 36 — a Disambiguation
Searchers beware the numbering trap: in the English CPR, Part 35 governs expert evidence and settlement offers live in Part 36 — so most "Part 35" results online are about experts in England. In the Cyprus CPR, Part 35 is the offers-to-settle provision (the Cypriot analogue of England's Part 36), while expert evidence is dealt with elsewhere in the Cypriot rules. When reading commentary, check whose rules are being discussed before borrowing conclusions — the concepts rhyme, but the numbers do not match.
Frequently Asked Questions
Is Part 35 in force in Cyprus?
Yes — since 1 September 2023, as part of the Civil Procedure Rules 2023, applying to proceedings conducted under the new rules.
Does the judge see the offer during trial?
No. The offer's terms are withheld from the trial judge until the case is decided, and only then deployed on costs — which is what makes offers safe to pitch realistically.
Who can make a Part 35 offer?
Either side, before or during proceedings, and more than once — sophisticated litigants maintain and adjust offers as the evidence and costs position develop.
Speak to Connor Legal
Connor Legal builds Part 35 strategy into every case it litigates — offers timed and priced to shift costs risk, and refusals punished at the assessment stage. To litigate with the rules working for you, contact the firm.
