Q&As

Can a part 36 offer state that parties are to enter into a supplemental agreement which is to be negotiated at a later date or does the document have to be in the precise terms that the offeror proposes?

read titleRead full title
Published on LexisPSL on 19/06/2018

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

  • Can a part 36 offer state that parties are to enter into a supplemental agreement which is to be negotiated at a later date or does the document have to be in the precise terms that the offeror proposes?
  • CPR
  • Case law
  • Law of contract—contract formation
  • Does general contract law apply to Part 36?

CPR

CPR 36.2 states:

‘Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with rule 36.5, it will not have the consequences specified in this Section.’

CPR 36.5 sets out the form and content of a Part 36 offer, but does not limit the type of offer that can be made. So, for example, a Part 36 offer need not be limited to an offer to pay or accept a sum of money. For further guidance, see Practice Note: Part 36 offers—how to make a valid Part 36 offer and Q&A: Can a Part 36 offer include a non-monetary term?

Case law

Law of contract—contract formation

Under the law of contrac

Related documents:

Popular documents