C v D & D2 [2010] EWHC 2940 (Ch) (16 November 2010)

C v D & D2 [2010] EWHC 2940 (Ch) (16 November 2010)

A time-limited offer, which ceases to be open for 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.

Citation
[2010] EWHC 2940 (Ch)
Parties
Claimant: C; Defendant: D; Defendant: D2
Jurisdiction
England and Wales
Judgment Date
16 November 2010
Procedural Posture
Application Under CPR R.3(1)(m) / Pre Trial Interlocutory Application
Outcome
Declaration granted in favour of the claimant
Legal Topics
CPR Part 36 Offers, Settlement Offers, Time Limited Offers, Costs Consequences
Civil Procedure Contract Law CPR Part 36 Offers Settlement Offers Time Limited Offers Costs Consequences

Case Brief

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Parties

C

Claimant

D

Defendant

D2

Defendant

Procedural Posture

Application Under CPR R.3(1)(m) / Pre Trial Interlocutory Application

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 by the defendants after the expiry of the specified period

Ratio Decidendi

A time-limited offer, which ceases to be open for 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 claimant's offer was not open for acceptance on 5 November 2010 and has not been accepted