Dominic Regan salutes the welcome return of Part 36
“This offer is open for 21 days,” was the seemingly innocuous phrase which nearly brought down Pt 36, caused many lawyers sleepless nights and necessitated hearings in the Chancery Division and the Court of Appeal. All is now resolved with the unanimous decision of the Court of Appeal in C v D [2011] EWCA Civ 646, [2011] All ER (D) 287 (May) a decision which is spot on.
C v D
The claimant in a substantial property dispute received an offer plastered with references to Pt 36. It should be appreciated at the outset that saying it is a Pt 36 offer does not necessarily mean that it is in law effective. For example, a valid offer must specify a relevant period of no less than 21 days’ duration. The significance of the relevant period is that if the offer is accepted within that time then costs will follow. It does not
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