header-logo header-logo

Offer to settle

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

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll