Gibbon v Manchester City Council

Gibbon v Manchester City Council

Part 36 offers are governed exclusively by the rules set out in Part 36, not by general contract law. An offer remains open for acceptance until expressly withdrawn in writing, and neither rejection nor subsequent offers or correspondence can impliedly withdraw or supersede a Part 36 offer. Multiple offers may be concurrently open unless expressly withdrawn. Costs consequences are determined by comparing the judgment to the offer, with financial advantage as the main criterion.

Parties
Claimant/appellant: Susan Gibbon; Defendant/respondent: Manchester City Council; Claimant/respondent: L. G. Blower Specialist Bricklayer Limited; Defendants/appellants: John and Anne 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, Offer and Acceptance, Settlement of Claims
Civil Procedure Part 36 Offers Costs Consequences Offer and Acceptance Settlement of Claims

Case Brief

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Parties

Susan Gibbon

Claimant/appellant

Manchester City Council

Defendant/respondent

L. G. Blower Specialist Bricklayer Limited

Claimant/respondent

John and Anne Reeves

Defendants/appellants

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Part 36 of the Civil Procedure Rules is a self-contained code or subject to general law of offer and acceptance
  2. 2 Whether rejection or implied withdrawal of a Part 36 offer renders it incapable of acceptance
  3. 3 Whether multiple Part 36 offers can be concurrently open for acceptance

Ratio Decidendi

Part 36 offers are governed exclusively by the rules set out in Part 36, not by general contract law. An offer remains open for acceptance until expressly withdrawn in writing, and neither rejection nor subsequent offers or correspondence can impliedly withdraw or supersede a Part 36 offer. Multiple offers may be concurrently open unless expressly withdrawn. Costs consequences are determined by comparing the judgment to the offer, with financial advantage as the main criterion.

Court Disposition

Appeals dismissed

Orders

  • Appeal by Susan Gibbon dismissed; judgment for £2,500 stands; costs order affirmed
  • Appeal by John and Anne Reeves dismissed; costs order affirmed