header-logo header-logo

14 July 2011 / Darren Sylvester
Issue: 7474 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Part & parcel

Darren Sylvester toys with the Part 36 conundrum

Recent court decisions have confirmed that Pt 36 of the CPR is a self-contained code governed by its own provisions. General common law principles relating to offer and acceptance do not apply (see Gibbon v Manchester City Council and LG Blower Specialist Bricklayer Ltd v Reeves [2010] EWCA Civ 726, [2011] 2 All ER 258).

Even more recently was the decision of C v D and another [2010] EWHC 2940 (Ch), [2011] 2 All ER 404. In this case, the question arose whether the claimant’s offer to settle—which was expressed to be open for acceptance for a specified period of time—was a Pt 36 offer.

In C v D and another the claimant brought proceedings against the defendants for damages for the defendants’ alleged breach of contract in relation to a sale of land. The claimant made an offer by letter headed “Offer to settle under CPR Pt 36”, which included reference to the offer being

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll