Demite Ltd v Hanmer Webb-Peploe & Ors [2001] EWCA Civ 106 (25 January 2001)
A Part 36 offer made less than 21 days before trial cannot be unilaterally withdrawn by the offeror once the offeree has applied for court permission to accept; the Vice Chancellor properly exercised discretion in granting permission and in making the costs order.
- Citation
- [2001] EWCA Civ 106
- Parties
- Claimant/applicant: Demite Limited; Defendants/respondents: Hanmer Webb-Peploe & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 25 January 2001
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Application dismissed
- Legal Topics
- Part 36 Offers, Withdrawal of Offers, Costs Discretion
Case Brief
Summary, issues, holding and outcome
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Parties
Demite Limited
Claimant/applicant
Hanmer Webb-Peploe & Others
Defendants/respondents
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether a Part 36 offer made less than 21 days before trial can be unilaterally withdrawn after the offeree applies for court permission to accept
- 2 Whether the Vice Chancellor properly exercised discretion in granting permission to accept the offer
- 3 Whether the Vice Chancellor properly exercised discretion in making the costs order
Ratio Decidendi
A Part 36 offer made less than 21 days before trial cannot be unilaterally withdrawn by the offeror once the offeree has applied for court permission to accept; the Vice Chancellor properly exercised discretion in granting permission and in making the costs order.
Court Disposition
Application dismissed
Orders
- Permission to appeal refused
- Costs order of claimant to pay costs of claim upheld
Full Case Text
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