Q&As

Can a defendant, after rejecting or counter-offering a claimant Part 36 offer, later accept the claimant Part 36 offer if it has not been withdrawn?

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Published on LexisPSL on 16/12/2016

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can a defendant, after rejecting or counter-offering a claimant Part 36 offer, later accept the claimant Part 36 offer if it has not been withdrawn?

Can a defendant, after rejecting or counter-offering a claimant Part 36 offer, later accept the claimant Part 36 offer if it has not been withdrawn?

A Part 36 offer will no longer be capable of acceptance where:

  1. a specified deadline for acceptance of the offer has passed

  2. where a notice of withdrawal has been served on the offeree within the relevant period and the relevant period has expired, or

  3. where a notice of acceptance has been served before the expiry of the relevant period, but the offeror obtains court permission to withdraw or change its terms

An offeror should ensure that any specified deadline for acceptance of a Part 36 offer does not

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