Bentley Design Consultants Ltd v Sansom

Bentley Design Consultants Ltd v Sansom

The Part 36 offer dated 23 April 2015 was an offer to settle the claim in respect of Plot 1 only, as pleaded at the time. Its meaning did not change upon amendment to add Plot 2; acceptance of the offer compromised only the Plot 1 claim.

Parties
Appellant/defendant: Bentley Design Consultants Limited; Respondent/claimant: Malcolm Sansom
Jurisdiction
England and Wales
Judgment Date
29 August 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Construction of Part 36 Offers, Settlement of Claims, Contract Interpretation
Civil Procedure Construction of Part 36 Offers Settlement of Claims Contract Interpretation

Case Brief

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Parties

Bentley Design Consultants Limited

Appellant/defendant

Malcolm Sansom

Respondent/claimant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether acceptance of a Part 36 offer to settle 'the whole of this claim' compromises claims added by amendment after the offer was made

Ratio Decidendi

The Part 36 offer dated 23 April 2015 was an offer to settle the claim in respect of Plot 1 only, as pleaded at the time. Its meaning did not change upon amendment to add Plot 2; acceptance of the offer compromised only the Plot 1 claim.

Court Disposition

Appeal dismissed

Orders

  • The effect of the defendant’s letter dated 8 November 2016 was to compromise only the claimant’s claim for damages and breach of duty in relation to Plot 1 as set out in the amended particulars of claim dated 28 June 2016.
  • The claimant’s claim so identified is stayed on terms that the defendant is to pay the claimant the sum of £25,025 within 14 days of 8 November 2016.