header-logo header-logo

26 November 2009 / Matt Mccahearty , Jonathan Pratt
Issue: 7395 / Categories: Features , Procedure & practice
printer mail-detail

How many bites of the cherry?

Matt McCahearty & Jonathan Pratt recommend keeping Pt 36 offers under review

The current Pt 36 rules, which came into effect on 6 April 2007, provide that Pt 36 offers remain open until expressly withdrawn but what happens when a Pt 36 offer is rejected?

Contract law clearly provides that when an offer is rejected, it lapses. What is less well established, however, is whether the same rule applies to the Pt 36 procedure. This issue was discussed in the recent case of Sampla and Others v (1) Rushmore Borough Council (2) Mr Timothy Crowley [2008] EWHC 2616 (TCC).

Rushmore Borough Council (RBC) and Mr Crowley were co-defendants to a claim, brought by Mr Sampla and others (the claimants). Mr Crowley settled the dispute with the claimants and sought to recover a contribution from RBC.

On 12 August 2008, Mr Crowley made a Pt 36 offer, in which he offered to accept from RBC a contribution of 20% towards both the settlement sum and the claimants’ costs. On 14

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll