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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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