Burrett v Mencap Ltd [2014] EW Misc B50 (CC) (14 May 2014)

Burrett v Mencap Ltd [2014] EW Misc B50 (CC) (14 May 2014)

The relevant period for acceptance of a Part 36 offer is fixed by the original offer and is not renewed or replaced upon variation; the rules are silent on any extension or renewal of the period upon variation.

Source-derived case information.

Citation
[2014] EW Misc B50 (CC)
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
14 May 2014
Procedural Posture
Application / Judgment
Outcome
application dismissed
Legal Topics
Interpretation of Part 36 Offers, Variation of Part 36 Offers, Costs Protection
Civil Procedure Interpretation of Part 36 Offers Variation of Part 36 Offers Costs Protection

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Application / Judgment

  1. 1 Does variation of a Part 36 offer trigger a new period for acceptance or does the original period apply?

Ratio Decidendi

The relevant period for acceptance of a Part 36 offer is fixed by the original offer and is not renewed or replaced upon variation; the rules are silent on any extension or renewal of the period upon variation.

Court Disposition

application dismissed