Clive Thomas emphasises the importance of the careful drafting of Pt 36 offers
In the recent case of PHI Group Ltd v Robert West Consulting Ltd [2012] EWCA Civ 588, [2012] All ER (D) 34 (Jun) the Court of Appeal provided guidance as to the requirements that a party must comply with to bring an offer letter within the ambit of Pt 36.
The appeal arose out of contribution proceedings between the appellant and respondent for their alleged negligence in the design and construction of a train servicing depot. At trial the judge apportioned responsibility as to 60% in respect of PHI and 40% in respect of RWC. There were a number of issues taken on appeal. This article will concentrate only upon whether an offer made by PHI was a Pt 36 offer.
The offer letter
The essential elements of PHI’s purported Pt 36 offer letter are set out below:
- Our client offers to split liability with your client on a 70:30 basis in your client’s favour.
- This offer is made under
