Legal briefings from the world's leading law firms
Legal Briefing
Part 36 offers: make your intentions clear
Practice Area: Litigation
Sector: Business services
Jurisdiction: England & Wales
Published: 30 June 2010
Law Firm: Herbert Smith
Overview
In a judgment handed down on Friday 25 June, the Court of Appeal has held that an offer made under Part 36 of the Civil Procedure Rules (CPR) may remain open for acceptance even if it has previously been rejected or the offeror has made a subsequent offer in different terms.
As a result of this decision in the joined appeals of Gibbon v Manchester City Council and LG Blower Specialist Bricklayer Limited v Reeves, parties need to review any Part 36 offers previously made which they no longer wish to keep on the table. If there is any uncertainty, offers should be expressly withdrawn or varied.
Click ‘View Briefing’ to read the full article
Rating: 
3 people found this useful
People who read this also read these
- Exemption situation
- Government to consult on implementing Lord Justice Jackson's litigation funding recommendations
- The importance of clear intentions in commercial contracts
- Legal think tank calls for radical new approach to ‘reserved’ legal activities
- Upper Tribunal decisions susceptible to limited judicial review
- The state of UK litigation: big ticket suits on the rise
More from Herbert Smith
- The handy guide to legal privilege - decision tree and practical tips
- General counsel update - March 2012
- India held liable for not providing "effective" means of dispute resolution
- An overview of China's new catalogue for foreign investment
- Asset or liability? How contingency fees could change commercial litigation
Keep up to date with the most recently added briefings to LegalWeekLaw.com
© Incisive Media Investments Limited 2012, Published by Incisive Financial Publishing Limited, Haymarket House, 28-29 Haymarket, London SW1Y 4RX, are companies registered in England and Wales with company registration numbers 04252091 & 04252093.