Docklands Solicitor
Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.
Monday, 19 December 2011
Part 36 Offer – time limitations
A recent Court of Appeal decision has clarified the issue of whether or not a Part 36 can be time limited.
In C v D [2011] EWCA Civ 646 the claimant purported to make a Part 36 offer to settle a dispute. However, he specified that the offer was only open for acceptance for 21 days. The offer was not withdrawn by the Claimant and the Defendant decided to accept the offer outside of the 21 day period.
The Court of Appeal considered whether the offer lapsed after 21 days or whether the Claimant simply intended the offer not to be withdrawn for 21 days.
It found that a part 36 Offer cannot be time limited. The offer lies on the table until formally withdrawn. In this instance the 21 day limitation period was to be read as meaning that the offer would not be withdrawn within the 21 days.
The Defendant was free to accept the offer.
Care should be taken to formally “withdraw” any Part 36 Offer that is no longer open for acceptance.
Felicity Keeler, Senior Paralegal tel. 0845 270 2511
Labels: acceptance, limitation, offer, Part 36, period, time
Sunday, 4 December 2011
Part 36 Offer – time limitations
A recent Court of Appeal decision has clarified the issue of whether or not a Part 36 can be time limited.
In C v D [2011] EWCA Civ 646 the claimant purported to make a Part 36 offer to settle a dispute. However, he specified that the offer was only open for acceptance for 21 days. The offer was not withdrawn by the Claimant and the Defendant decided to accept the offer outside of the 21 day period.
The Court of Appeal considered whether the offer lapsed after 21 days or whether the Claimant simply intended the offer not to be withdrawn for 21 days.
It found that a part 36 Offer cannot be time limited. The offer lies on the table until formally withdrawn. In this instance the 21 day limitation period was to be read as meaning that the offer would not be withdrawn within the 21 days.
The Defendant was free to accept the offer.
Care should be taken to formally “withdraw” any Part 36 Offer that is no longer open for acceptance.
Felicity Keeler, Senior Paralegal tel 0845 270 2511
Labels: acceptance, limitation, offer, Part 36, period, time
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