Lackey -v- Kavanagh [2012] IEHC 276 (03 May 2012)

A party may withdraw its formal offer under s. 17 at any time, subject to the court's assessment of reasonableness under s. 17(5)(b); s. 17 offers cannot be accepted unilaterally after lodgement in court and after the case has been called for hearing.

Citation: [2012] IEHC 276
Parties: Plaintiff: Amy Lackey; Defendant: Patrick Kavanagh
Jurisdiction: Ireland
Judgment Date: 03 May 2012
Procedural Posture: Personal Injuries Action / Interpretation of Statutory Provision
Outcome: Declaratory judgment on statutory interpretation
Legal Topics: Interpretation of S. 17 Civil Liability and Courts Act 2004, Withdrawal and Lifespan of Formal Offers

Civil Procedure Personal Injury Interpretation of S. 17 Civil Liability and Courts Act 2004 Withdrawal and Lifespan of Formal Offers

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Parties

Amy Lackey

Plaintiff

Patrick Kavanagh

Defendant

Procedural Posture

Personal Injuries Action / Interpretation of Statutory Provision

Legal Issues

1 Whether s. 17 offers under the Civil Liability and Courts Act 2004 may be withdrawn and if so, when
2 Whether s. 17 offers have a statutory lifespan or are enduring offers

Ratio Decidendi

Court Disposition

Declaratory judgment on statutory interpretation

Orders

A party may withdraw its formal offer under s. 17 at any time, subject to court's assessment of reasonableness.
A formal s. 17 offer cannot be accepted unilaterally after lodgement in court and after the case has been called for hearing.