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12 January 2011 / Vanessa Van Breda
Issue: 7448 / Categories: Features , LexisPSL
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Pitfalls to avoid

Vanessa Van Breda looks at four judgments from last year which highlight potential pitfalls within the Pt 36 regime

To trigger Pt 36 consequences an offer’s form and content must be in accordance with CPR 36.2. This may seem straight forward, but the recent case of C v D & Another [2010] All ER 176 (Nov) indicates just how technical and prescriptive the Pt 36 regime is.

In C v D the claimant’s “Part 36 offer” was stated to “be open for 21 days from the date of this letter (the ‘relevant period’)”. The defendant sought to accept it over a year later; less than one month before trial. The claimant sought a declaration that it could no longer be accepted; the defendant should have accepted it when it was stated to be open.

Granting the declaration, Warren J (Chancery Division) concluded that the wording, highlighted above, provided a time limit for acceptance of the offer which ended some time before the defendant’s attempted acceptance. He also concluded that such a time limited

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

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Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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