Sampla & Ors v Rushmoor Borough Council & Anor [2008] EWHC 2616 (TCC) (22 October 2008)

The rejection of a Part 36 offer does not preclude subsequent acceptance, nor is there an implied term preventing acceptance after trial has started, and no estoppel by convention arises; however, due to significant change in parties' perceptions and the advanced stage of proceedings, the court declined to exercise discretion to permit late acceptance of the offer.

Citation: [2008] EWHC 2616 (TCC)
Parties: Claimants: Mr. Roop Sampla and Others; First Defendant: Rushmoor Borough Council; Second Defendant: Mr. Timothy Crowley
Jurisdiction: England and Wales
Judgment Date: 22 October 2008
Procedural Posture: Application for Permission to Accept Part 36 Offer (contribution Proceedings) / Post Trial, Before Final Submissions and Judgment
Outcome: Application refused
Legal Topics: Part 36 Offers, Contribution Proceedings, Estoppel, Court Discretion, Contractual Analogy

Civil Procedure Settlement Construction Law Part 36 Offers Contribution Proceedings Estoppel Court Discretion Contractual Analogy

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Parties

Mr. Roop Sampla and Others

Claimants

Rushmoor Borough Council

First Defendant

Mr. Timothy Crowley

Second Defendant

Procedural Posture

Application for Permission to Accept Part 36 Offer (contribution Proceedings) / Post Trial, Before Final Submissions and Judgment

Legal Issues

1 Whether rejection of a Part 36 offer precludes subsequent acceptance
2 Whether a Part 36 offer can be accepted after trial has started
3 Whether estoppel by convention prevents acceptance

Ratio Decidendi

Court Disposition

Application refused

Orders

RBC not permitted to accept the Part 36 offer of 12th August 2008