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Simple two line rule is needed it's not rocket science in my eyes:

36.1 Any 'Part 36' offer which is accepted by the Claimant or, Defendant after the expiry of the 21 day acceptance period will be subject to indemnity costs which will be assessed if not agreed.

36.2 In respect of 'Low Value Personal Injury' cases, fixed costs will be payable up to the relevant point where the 'Part 36' offer expires after which point, indemnity costs will then become payable up to the point when acceptance of the 'Part 36' offer is received.

If there is no firm deterrent in making a 'Part 36' offer what is the point in having the rules in the first place!! You may as well just rip out the 'Part 36' rules of the CPR.

We seem to be having so much satellite litigation going on over 'Part 36' issues. Seriously, it is just wasting so much Court time and delaying settlement of firms cost cases.

Publish simple concise rules which lay it out in 'black and white' what the cost rules is when making a 'Part 36' offer. Arghhhhh.....!