header-logo header-logo

12 January 2012
Issue: 7496 / Categories: Case law , Law digest , In Court
printer mail-detail

Offer to settle

Solomon v Cromwell Group plc; Oliver v Doughty [2011] EWCA Civ 1584, [2011] All ER (D) 148 (Dec)

The mechanism provided by CPR 44.12A was intended to apply both to cases settled through the operation of CPR Pt 36 and to those settled without recourse to it. The CPR had to be read in accordance with the established principle that where an instrument contained both general and specific provisions, some of which were in conflict, the general were intended to give way to the specific. CPR 36.10 contained rules of general application whereas section II of CPR Pt 45 contained rules specifically directed to a narrow class of cases.

Reading the CPR as a whole, there was no doubt that the intention was that section II of CPR 45 should govern the cases to which it applied to the exclusion of other rules that made different provision for the general run of cases. It was wrong to state that CPR 36.10(1) did not apply in a case where a CPR Pt 36 offer was made and accepted before proceedings were issued. The terms of CPR 36

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll