C v D and another [2010] EWHC 2940 (Ch), [2010] All ER (D) 176 (Nov)
A time-limited offer was not capable of being a CPR 36 offer, as the structure of Pt 36 in general—and the provisions of CPR 36.2(2) and CPR 36.14(6) in particular—established that an offer had to be capable of acceptance unless and until withdrawn by service of a notice within CPR 36.9(2). CPR 36.9(2) provided a strong indicator of the sort of offer with which Pt 36 was concerned. The indicator was that it was an offer which was at least capable of being withdrawn and was not one which came to an end according to its own terms. Under CPR 36.14 there was a severe costs sanction placed on a defendant who did not accept a Pt 36 offer where there was judgment against the defendant which was at least as advantageous to the claimant as the proposals contained in a claimant’s Pt 36 offer.
That sanction did not apply where the Pt 36 offer had been withdrawn or where the terms had been changed so as to be less advantageous to the offeree
