A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers ‘expressed’ to be open for 21 days, but the intention was to create an ‘unless’ condition not a positive obligation. Such offers are subject to the general rules of contract, including offer and acceptance and the rules merely provide an advantage to the parties in dealing with each other. A court will strive to give effect to agreements, unless not intended to create legal relations, particularly when the agreement is a compromise of an existing dispute and when it has been acted on.
Judges:
Lord Justice Aldous And Lord Justice Mance
Citations:
Gazette 15-Feb-2001, Times 14-Feb-2001, [2000] EWCA Civ 352, [2001] CP Rep 64, [2001] CPLR 188, [2001] 1 WLR 631
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Scammell and others v Dicker CA 14-Apr-2005
The parties had settled a boundary dispute in 1994 with a consent order, but the terms of the order had been difficult to implement. The respondent appealed an order declaring the consent order void for uncertainty.
Held: The appeal succeeded. . .
Appeal from – Mamidoil-Jetoil Greek Petroleum Company Sa v Okta Crude Oil Refinery Ad ComC 26-Jan-2000
The parties had contracted for the exclusive supply of oil to Yugoslavia. . .
Cited by:
Cited – Flynn v Scougall CA 13-Jul-2004
The defendant had made a payment into court. She then applied to reduce the amount paid in, but the claimant accepted the original sum before that application was heard. The defendant appealed saying that their application operated as a stay.
See Also – Scammell and others v Dicker CA 14-Apr-2005
The parties had settled a boundary dispute in 1994 with a consent order, but the terms of the order had been difficult to implement. The respondent appealed an order declaring the consent order void for uncertainty.
Held: The appeal succeeded. . .
Appealed to – Mamidoil-Jetoil Greek Petroleum Company Sa v Okta Crude Oil Refinery Ad ComC 26-Jan-2000
The parties had contracted for the exclusive supply of oil to Yugoslavia. . .
Cited – Halpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Civil Procedure Rules
Updated: 03 November 2022; Ref: scu.147385