C v D

C v D

A Part 36 offer cannot be time limited to lapse automatically after a stated period; the phrase 'open for 21 days' in a purported Part 36 offer means the offer will not be withdrawn within that period but does not cause the offer to lapse at its expiry. The offer remains open for acceptance until formally withdrawn by written notice. The offer in this case was not withdrawn and was validly accepted.

Parties
Claimant / Respondent: C; Defendant / Appellant: D
Jurisdiction
England and Wales
Judgment Date
27 May 2011
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Settlement Offers, Interpretation of CPR Part 36, Costs Consequences, Withdrawal of Offers
Civil Procedure Settlement Offers Interpretation of CPR Part 36 Costs Consequences Withdrawal of Offers

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

C

Claimant / Respondent

D

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether a Part 36 offer can be time limited and lapse automatically after a stated period
  2. 2 Proper construction of the phrase 'open for 21 days' in a purported Part 36 offer
  3. 3 Whether the offer was withdrawn by its terms or subsequent correspondence

Ratio Decidendi

A Part 36 offer cannot be time limited to lapse automatically after a stated period; the phrase 'open for 21 days' in a purported Part 36 offer means the offer will not be withdrawn within that period but does not cause the offer to lapse at its expiry. The offer remains open for acceptance until formally withdrawn by written notice. The offer in this case was not withdrawn and was validly accepted.

Court Disposition

Appeal allowed

Orders

  • The defendant's acceptance of the offer was effective; the offer was a valid Part 36 offer and had not been withdrawn.