Source: All England Reporter
Publisher Citation: [2009] All ER (D) 249 (Jul)
Neutral Citation: [2009] EWCA Civ 757
Court: Court of Appeal, Civil Division
Judge:

Lloyd and Rimer LJJ

Judgment Dates: 21 July 2009

Catchwords

Practice - Offer to settle - Technical error in CPR Pt 36 offer - Respondent making Pt 36 offer - Offer letter stating that having consequences of claimant's offer to settle - Applicant contending that offer not in accordance with Pt 36 - Whether offer Pt 36 offer - CPR, Pt 36, Pt 20.

The Case

Practice Offer to settle. Court of Appeal, Civil Division: Where the respondent (defendant to the original claim) had made a Pt36 offer to the applicant stating that it was intended to have the consequences of a claimant's offer to settle, it was entirely appropriate and legitimate for the offer letter to spell out that it was not just an offer in accordance with Pt36, but that it was an offer made by the respondent by way of a claimant's offer.

Practice Areas

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