Sampla & Ors v Rushmoor Borough Council & Anor

Sampla & Ors v Rushmoor Borough Council & Anor

The rejection of a Part 36 offer does not preclude subsequent acceptance, and there is no implied term preventing acceptance after trial has started; however, due to a material change in the parties' positions and the advanced stage of the trial, the court declined to exercise its discretion to permit acceptance of the offer.

Parties
Claimants: Mr. Roop Sampla and Others; First Defendant: Rushmoor Borough Council; Second Defendant: Mr. Timothy Crowley
Jurisdiction
England and Wales
Judgment Date
22 October 2008
Procedural Posture
Civil (contribution Proceedings) / Application for Permission to Accept Part 36 Offer After Trial Has Started
Outcome
Application dismissed
Legal Topics
Part 36 Offers, Settlement, Contribution Between Defendants, Estoppel, Court Discretion in Settlement Acceptance
Civil Procedure Contract Law Part 36 Offers Settlement Contribution Between Defendants Estoppel Court Discretion in Settlement Acceptance

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Parties

Mr. Roop Sampla and Others

Claimants

Rushmoor Borough Council

First Defendant

Mr. Timothy Crowley

Second Defendant

Procedural Posture

Civil (contribution Proceedings) / Application for Permission to Accept Part 36 Offer After Trial Has Started

Legal Issues

  1. 1 Whether rejection of a Part 36 offer precludes subsequent acceptance
  2. 2 Whether a Part 36 offer can be accepted after trial has started
  3. 3 Whether estoppel by convention prevents acceptance of the offer

Ratio Decidendi

The rejection of a Part 36 offer does not preclude subsequent acceptance, and there is no implied term preventing acceptance after trial has started; however, due to a material change in the parties' positions and the advanced stage of the trial, the court declined to exercise its discretion to permit acceptance of the offer.

Court Disposition

Application dismissed