C v D [2011] EWCA Civ 646
Court of Appeal, Civil Division, Rix, Rimer and Stanley Burnton LJJ, 27 May 2011
CPR Pt 36 does not accommodate a time-limited offer. The essence of a Pt 36 offer is that it lies on the table until formally withdrawn. Only an offer which has not been withdrawn down to the commencement of trial is capable of having the scheme’s costs consequences set out in Pt 36.14.
Michael Barnes QC (instructed by SJ Berwin LLP) for the claimant. Sue Carr QC and Jonathan Hough (instructed by Rawlinson Butler LLP) for the defendants.
The claimant and defendant were involved in a contractual dispute concerning the sale of development land. During the course of the dispute, the claimant sent a letter headed “Offer to Settle under CPR Part 36”. The offer purported to be “open for 21 days”. E-mail correspondence followed between the parties and in the event the defendant purported to accept the offer outside the 21 days.
The claimant applied under CPR 3(1)(m), seeking a declaration that the offer to settle was no longer open
