Gibbon v Manchester City Council [2010] EWCA Civ 726 (25 June 2010)

Gibbon v Manchester City Council [2010] EWCA Civ 726 (25 June 2010)

Part 36 offers remain open for acceptance until expressly withdrawn in accordance with the rules; rejection or implied withdrawal does not suffice. Multiple Part 36 offers can coexist unless expressly withdrawn. Costs consequences are determined by comparing the judgment to the offer, with financial advantage as the primary factor.

Citation
[2010] EWCA Civ 726
Parties
Claimant/appellant: Susan Gibbon; Defendant/respondent: Manchester City Council; Claimant: L G Blower Specialist Bricklayer Ltd; Defendants: Mr. and Mrs. Reeves
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Part 36 Offers, Costs Consequences, Settlement Offers, Offer and Acceptance, Interpretation of Procedural Rules
Civil Procedure Contract Law Part 36 Offers Costs Consequences Settlement Offers Offer and Acceptance Interpretation of Procedural Rules

Case Brief

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Parties

Susan Gibbon

Claimant/appellant

Manchester City Council

Defendant/respondent

L G Blower Specialist Bricklayer Ltd

Claimant

Mr. and Mrs. Reeves

Defendants

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Part 36 is a self-contained code or subject to general law of offer and acceptance
  2. 2 Effect of rejection or implied withdrawal of Part 36 offers
  3. 3 Whether multiple Part 36 offers can coexist

Ratio Decidendi

Part 36 offers remain open for acceptance until expressly withdrawn in accordance with the rules; rejection or implied withdrawal does not suffice. Multiple Part 36 offers can coexist unless expressly withdrawn. Costs consequences are determined by comparing the judgment to the offer, with financial advantage as the primary factor.

Court Disposition

Appeals dismissed

Orders

  • Judgment for Mrs. Gibbon in the sum of £2,500; costs as ordered by District Judge Richmond
  • District Judge's costs order in L G Blower Ltd v Reeves upheld; claimant awarded half costs from 8 January 2008