Db UK Bank Limited (T/a Db Mortgages) v Jacobs Solicitors [2016] EWHC 1614 (Ch) (04 July 2016)

Db UK Bank Limited (T/a Db Mortgages) v Jacobs Solicitors [2016] EWHC 1614 (Ch) (04 July 2016)

The defendant's WPSAC letter was a valid offer capable of acceptance, but the claimant's subsequent Part 36 offer constituted a counter-offer at common law, thereby rejecting the earlier offer. As a result, the defendant's offer was no longer open for acceptance when the claimant purported to accept it. No binding settlement was reached.

Citation
[2016] EWHC 1614 (Ch)
Parties
Claimant: DB UK Bank Limited (t/a DB Mortgages); Defendant: Jacobs Solicitors
Jurisdiction
England and Wales
Judgment Date
04 July 2016
Procedural Posture
Professional Negligence Claim / Interlocutory Application Regarding Settlement; Pre Trial
Outcome
No settlement; claim to proceed to trial
Legal Topics
Settlement, Offer and Acceptance, Costs, Contract Interpretation
Civil Procedure Professional Negligence Settlement Offer and Acceptance Costs Contract Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

DB UK Bank Limited (t/a DB Mortgages)

Claimant

Jacobs Solicitors

Defendant

Procedural Posture

Professional Negligence Claim / Interlocutory Application Regarding Settlement; Pre Trial

Legal Issues

  1. 1 Whether the defendant's Without Prejudice Save As to Costs (WPSAC) letter constituted an offer capable of acceptance
  2. 2 Whether the claimant's subsequent Part 36 offer constituted a counter-offer that rejected the defendant's earlier offer
  3. 3 Whether the claimant's purported acceptance was effective to create a binding settlement

Ratio Decidendi

The defendant's WPSAC letter was a valid offer capable of acceptance, but the claimant's subsequent Part 36 offer constituted a counter-offer at common law, thereby rejecting the earlier offer. As a result, the defendant's offer was no longer open for acceptance when the claimant purported to accept it. No binding settlement was reached.

Court Disposition

No settlement; claim to proceed to trial