C v D & D2

C v D & D2

A time-limited offer, which ceases to be capable of acceptance after a specified period, cannot constitute a Part 36 offer under the Civil Procedure Rules. The claimant's offer was not open for acceptance on 5 November 2010 and was not accepted by the defendants.

Parties
Claimant: C; Defendants: D & D2
Jurisdiction
England and Wales
Judgment Date
16 November 2010
Procedural Posture
Civil Contract / Application for Declaration Prior to Trial
Outcome
Declaration granted in favour of the claimant
Legal Topics
Part 36 Offers, Time Limited Offers, Offer and Acceptance, Costs Consequences
Civil Procedure Contract Law Part 36 Offers Time Limited Offers Offer and Acceptance Costs Consequences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

C

Claimant

D & D2

Defendants

Procedural Posture

Civil Contract / Application for Declaration Prior to Trial

Legal Issues

  1. 1 Whether a time-limited offer can constitute a Part 36 offer under the Civil Procedure Rules
  2. 2 Whether the claimant's offer was open for acceptance at the time purportedly accepted by the defendants

Ratio Decidendi

A time-limited offer, which ceases to be capable of acceptance after a specified period, cannot constitute a Part 36 offer under the Civil Procedure Rules. The claimant's offer was not open for acceptance on 5 November 2010 and was not accepted by the defendants.

Court Disposition

Declaration granted in favour of the claimant

Orders

  • Declaration that the offer was not open for acceptance on 5 November 2010 and has not been accepted