The defendant had made a part 36 offer of settlement. The claimant did not accept it, but then tried to accept it after the trial had begun.
Held: The risks of litigation were such that situations would often alter when a case came on for trial. It was implied in a part 36 offer that it was open to acceptance only until the trial concluded. Once the judge retired to consider his verdict the offer was no longer available.
Judges:
Lord Justice Brooke Vice-President of the Court of Appeal (Civil Division) Lord Justice Maurice Kay
Citations:
[2006] EWCA Civ 30, Times 14-Feb-2006
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Hawley v Luminar Leisure Ltd and others CA 24-Jan-2006
The claimant was assaulted and severely injured at a night club by a doorman supplied to the club by a third party company now in liquidation. He claimed the club was the ‘temporary deemed employer’ of the doorman. He also sought to claim under the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 July 2022; Ref: scu.238219