Scammell & Ors v Dicker [2000] EWCA Civ 352 (21 December 2000)

The Civil Procedure Rules do not prevent a Part 36 offer being withdrawn at any time prior to acceptance. The appellant's Part 36 offer was validly withdrawn before acceptance, so the respondents' purported acceptance did not result in a compromise of the action.

Citation: [2000] EWCA Civ 352
Parties: Appellant/defendant: Mrs Dicker; Respondents/claimants: Respondents (neighbouring landowners in Dorset)
Jurisdiction: England and Wales
Judgment Date: 21 December 2000
Procedural Posture: Civil Appeal / Appeal From Order of His Honour Judge Thompson QC Dated 20 March 2000
Outcome: Appeal allowed
Legal Topics: Part 36 Offers, Withdrawal of Settlement Offers, Contract Law Principles in Settlement, Costs Consequences of Settlement

Civil Procedure Part 36 Offers Withdrawal of Settlement Offers Contract Law Principles in Settlement Costs Consequences of Settlement

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Parties

Mrs Dicker

Appellant/defendant

Respondents (neighbouring landowners in Dorset)

Respondents/claimants

Procedural Posture

Civil Appeal / Appeal From Order of His Honour Judge Thompson QC Dated 20 March 2000

Legal Issues

1 Whether a Part 36 offer can be withdrawn prior to acceptance even if expressed to remain open for a specified period
2 Whether the action was compromised by acceptance of a withdrawn Part 36 offer

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Paragraph 1 of the order of His Honour Judge Thompson QC dated 20 March 2000 set aside
Paragraphs 2-4 inclusive of the order set aside