Dominic Regan finds fault with some legal faux pas
All lawyers are always right. Except, that is, when it suits them to be wrong. There is something rather pleasing hearing someone say what an ass they are. Of course, their opponent will be saying the very opposite.
Dud offer
Take the first Pt 36 dispute of the year, Thewlis v Groupama Insurance Co Ltd [2012] EWHC 3 (TCC), [2012] All ER (D) 09 (Jan). The claimant had made what purported to be a Pt 36 offer years before. Suddenly, the defendant offeree popped up and said: “I will accept your offer.” We all know that, up until the commencement of trial, a true Pt 36 proposal can be accepted without leave and no matter how ancient it might be. Well here the claimant no longer wanted the offer to be taken. I surmise that perhaps the value of the claim had increased. To prevent acceptance, the claimant offeror now castigated himself, contending that his own offer was defective when, conventionally, he would say the opposite. The defendant, meanwhile, contended that the offer was perfect:
