Part 36 offers and recent judgments

[Angry Cat]

Part 36 offers and recent judgments | The Law Gazette

[charitynjw]

Re: Part 36 offers and recent judgments

Thanks, AC.

To highlight a point, my understanding of a 'time-limited' offer - it cannot be a 'Part 36', so costs cannot follow.

http://www.bailii.org/ew/cases/EWHC/Ch/2010/2940.html

[Angry Cat]

Re: Part 36 offers and recent judgments

Thanks, AC.

To highlight a point, my understanding of a 'time-limited' offer - it cannot be a 'Part 36', so costs cannot follow.

http://www.bailii.org/ew/cases/EWHC/Ch/2010/2940.html

Herbert Smith e-bulletin

[charitynjw]

Re: Part 36 offers and recent judgments

UPDATE

The Court of Appeal has, in C v D [2011] All ER (D) 287 (May), reversed an earlier ruling of the Chancery Court regarding 'time-limited' Part 36 offers.
As long as the offer makes reference to CPR Part 36, & particularly the 'relevant period' for the offer (21 days), it will be accepted as a valid Part 36 offer.
A Part 36 offer can't be withdrawn during this period, & afterwards must be formally withdrawn if so required.
Fox v Foundation Piling Ltd [2011] EWCA Civ 790, & a new CPR rule 36.14 (1A) effective from 1 October 2011 clarify the position regarding the meaning of 'advantageous'.

http://www.justice.gov.uk/guidance/c...6.htm#IDAUN1HC