Tenbey v Stolt Comex Seaway Ltd & Anor [2001] ScotCS 37 (14 February 2001)

Tenbey v Stolt Comex Seaway Ltd & Anor [2001] ScotCS 37 (14 February 2001)

A pursuer's offer to settle, once refused and followed by further negotiations and counter-offers, is no longer available for acceptance by the defender; the ordinary law of contract applies, and a material change of circumstances rendered the original offer inoperative.

Citation
[2001] ScotCS 37
Parties
Pursuer: Stephen Anthony Tenbey; Defender: Stolt Comex Seaway Ltd; Third Party: MacGregor Energy Services Ltd
Jurisdiction
Scotland
Judgment Date
14 February 2001
Procedural Posture
Personal Injury Action / Interlocutory Motion Hearing on Settlement and Withdrawal of Offer
Outcome
Defenders' motion for decree in terms of the pursuer's minute of offer and acceptance refused; pursuer's motion to allow withdrawal of offer refused as unnecessary.
Legal Topics
Offer and Acceptance, Settlement of Litigation, Judicial Tenders, Material Change of Circumstances, Withdrawal of Offer
Contract Law Civil Procedure Personal Injury Offer and Acceptance Settlement of Litigation Judicial Tenders Material Change of Circumstances Withdrawal of Offer

Case Brief

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Parties

Stephen Anthony Tenbey

Pursuer

Stolt Comex Seaway Ltd

Defender

MacGregor Energy Services Ltd

Third Party

Procedural Posture

Personal Injury Action / Interlocutory Motion Hearing on Settlement and Withdrawal of Offer

Legal Issues

  1. 1 Whether a pursuer's offer to settle, once refused, remains open for acceptance by the defender
  2. 2 Whether the rules applicable to judicial tenders apply to pursuers' offers to settle
  3. 3 Whether a material change of circumstances rendered the pursuer's offer inoperative

Ratio Decidendi

A pursuer's offer to settle, once refused and followed by further negotiations and counter-offers, is no longer available for acceptance by the defender; the ordinary law of contract applies, and a material change of circumstances rendered the original offer inoperative.

Court Disposition

Defenders' motion for decree in terms of the pursuer's minute of offer and acceptance refused; pursuer's motion to allow withdrawal of offer refused as unnecessary.