AF v BG [2009] EWCA Civ 757, [2009] All ER (D) 249 (Jul)
Court of Appeal, Civil Division, Lloyd and Rimer LJJ, 21 Jul 2009
A CPR Pt 36 offer may be made by a defendant in respect of a claim and potential counterclaim, even if the latter has not yet been pleaded.
The respondent (the defendant to the original proceedings) wrote a letter to the applicant (the claimant) headed “without prejudice save as to costs” and “Pt 36 offer”. It was stated that, inter alia, the applicant was obliged to reimburse the respondent for certain expenditure under a collateral agreement. It further stated that the respondent had a counterclaim against the applicant which had not at that time been pleaded. The letter stated that the respondent was “willing to accept payment of [a specified sum, smaller than that identified...as the subject of the intended counterclaim] (the sum) in full and final settlement of the whole of our client’s claim and the whole of your claim against our client in the claim. This letter is intended to have the consequences of
