Published on 01 Jun 2011 • England, Wales |
"a Part 36 offer may be accepted at any time ... unless the offeror serves notice of withdrawal on the offeree." (CPR 36.9(2).)
"according to its terms without importing other terms derived from the general law, save where that was clearly intended."
"The moral of this story is that someone who writes a letter headed "Part 36 offer", and which is stated as "intended to have the consequences of that rule" should make sure that he knows what those consequences are ... it seems to me important, in the interests of certainty, that when the Part 36 jurisdiction is expressly invoked, the court should generally take that at face value, and as far as possible give effect to the consequences as envisaged by the rules."
"The court is reluctant to hold that parts of a contract are inconsistent with each other, and will give effect to any reasonable construction which harmonises such clauses."
"regardless of which offer your client chooses, the offer will be open for 21 days from the date of this offer (the "Relevant Period") ... Both offers are intended to have the consequences set out in Part 36 of the Civil Procedure Rules and are to settle all matters raised in the proceedings."