A payment in had been made, and a counter offer made by the claimant. The original offer was increased but rejected. The counter-offer was not withdrawn, and was then accepted by the defendant. On receipt of the acceptance, the claimant purported to withdraw the counter offer. The judge had held that since the offer had not been formally withdrawn it remained open to acceptance. The withdrawal was too late.
Held: The appeals failed. The procedure under Part 36 is a self contained sytem, and answers must be sought within it, and not under the general law of contract. Elements will be common to both, but the Rules prevail. The rules in contract applying to rejection of an offer should not be applied.
As to the decision in Carver Carnwath LJ said that it should not be interpreted as opening the way to a wide ranging investigation of emotional and other factors in every case, even where the financial advantage is significant.
Sir Anthony May P, Carnwath, Moore Bick LJJ
[2010] EWCA Civ 726, [2010] WLR (D) 161, [2010] CP Rep 40, [2010] 36 EG 120, [2010] PIQR P16, [2010] 1 WLR 2081, [2010] 5 Costs LR 828
Bailii, WLRD
Civil Procedure Rules Part 36
England and Wales
Citing:
Cited – Sampla and Others v Rushmoor Borough Council and Another TCC 22-Oct-2008
The rejection of a Part 36 offer does not render it incapable of later acceptance. . .
Cited – Carver v BAA Plc CA 22-Apr-2008
The claimant had succeeded in her claim and had recovered more than the sum paid in by the defendant, and now appealed an order for costs in favour of the defendant.
Held: The award of costs to a successful claimant achieving more than any sum . .
Cited – Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and Another (No 7) TCC 29-Sep-2008
Last stage of the Wembley stadium construction dispute. Jackson J, interpreting Carver said that it set out: ‘how the court ought to approach the matter in circumstances where: (a) one party has made an offer which was nearly but not quite . .
Lists of cited by and citing cases may be incomplete.
Costs, Litigation Practice
Updated: 02 November 2021; Ref: scu.418432
