header-logo header-logo

03 September 2010 / Dominic Regan
Issue: 7431 / Categories: Opinion , Professional negligence
printer mail-detail

Mind the trap

All practitioners—claimant and defendant—should appreciate the new professional negligence trap set by Gibbon...

Dominic Regan says the decision in Gibbon has set a new professional negligence trap

The authority of the year on the workings of Pt 36 is Gibbon v Manchester City Council [2010] EWCA Civ 726, [2010] All ER (D) 218 (Jun). It brings welcome clarification but then, tragically, creates new areas of uncertainty.

All practitioners—claimant and defendant—should appreciate the new professional negligence trap set by Gibbon. The claimant made a Pt 36 offer which the defendant rejected unequivocally in writing. Thinking better of it three months later the defendant purported to accept the very offer rejected.

Was this effective? The Rule declares that one can accept an offer despite having later made a counter-offer (CPR 36.9 (2). No mention is made of the ability to accept a rejected offer. The Court of Appeal held that the acceptance by the defendant in Gibbon was good. Part 36 is not a contractual animal but rather a procedural mechanism designed to promote

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll