C v D [2011] EWCA Civ 646 (27 May 2011)

C v D [2011] EWCA Civ 646 (27 May 2011)

A CPR Part 36 offer cannot be time-limited to lapse automatically; it remains open for acceptance until formally withdrawn by written notice. The phrase 'open for 21 days' in a purported Part 36 offer, in context, means the offer will not be withdrawn for 21 days, not that it lapses after 21 days. The offer in question was not withdrawn and remained open for acceptance.

Citation
[2011] EWCA Civ 646
Parties
Claimant / Respondent: C; Defendant / Appellant: D
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Appeal From High Court, Chancery Division / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
CPR Part 36 Offers, Interpretation of Settlement Offers, Costs Consequences of Offers, Withdrawal and Lapse of Offers
Civil Procedure Contract Law CPR Part 36 Offers Interpretation of Settlement Offers Costs Consequences of Offers Withdrawal and Lapse of Offers

Case Brief

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Parties

C

Claimant / Respondent

D

Defendant / Appellant

Procedural Posture

Appeal From High Court, Chancery Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a CPR Part 36 offer can be time-limited to lapse automatically after a stated period
  2. 2 Proper construction of 'open for 21 days' in a purported Part 36 offer
  3. 3 Whether the offer in question was withdrawn or lapsed by its own terms

Ratio Decidendi

A CPR Part 36 offer cannot be time-limited to lapse automatically; it remains open for acceptance until formally withdrawn by written notice. The phrase 'open for 21 days' in a purported Part 36 offer, in context, means the offer will not be withdrawn for 21 days, not that it lapses after 21 days. The offer in question was not withdrawn and remained open for acceptance.

Court Disposition

Appeal allowed

Orders

  • The offer was a valid Part 36 offer and remained open for acceptance until formally withdrawn.
  • The purported acceptance outside the 21-day period was valid under Part 36, subject to costs consequences as per the rules.