Shaw v Merthyr Tydfil County Borough [2014] EWCA Civ 1678 (24 June 2014)

Shaw v Merthyr Tydfil County Borough [2014] EWCA Civ 1678 (24 June 2014)

The claimant's offer letter did not comply with the mandatory requirements of Part 36, specifically failing to state it was intended to have the consequences of Section I of Part 36 and being inconsistent with the open-ended nature required by the rules. Therefore, it was not a valid Part 36 offer and could not attract Part 36 costs consequences.

Citation
[2014] EWCA Civ 1678
Parties
Claimant/applicant: Shaw; Defendant/respondent: Merthyr Tydfil County Borough
Jurisdiction
England and Wales
Judgment Date
24 June 2014
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Costs Consequences, Settlement Offers, Highways Act Claims
Civil Procedure Part 36 Offers Costs Consequences Settlement Offers Highways Act Claims

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Parties

Shaw

Claimant/applicant

Merthyr Tydfil County Borough

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the claimant's offer letter constituted a valid Part 36 offer under the Civil Procedure Rules
  2. 2 Whether non-compliance with mandatory requirements of Part 36 can be cured by construction or intention

Ratio Decidendi

The claimant's offer letter did not comply with the mandatory requirements of Part 36, specifically failing to state it was intended to have the consequences of Section I of Part 36 and being inconsistent with the open-ended nature required by the rules. Therefore, it was not a valid Part 36 offer and could not attract Part 36 costs consequences.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the costs order of the District Judge stands.