Hawley v Luminar Leisure Plc Ase Security Services Limited, Mann: CA 1 Feb 2006

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.


Lord Justice Brooke Vice-President of the Court of Appeal (Civil Division) Lord Justice Maurice Kay


[2006] EWCA Civ 30, Times 14-Feb-2006




Civil Procedure Rules Part 36


England and Wales


See AlsoHawley 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