Q&As

Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard common law doctrine?

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Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings
Published on LexisPSL on 20/10/2016

The following Dispute Resolution Q&A Produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • Does a CPR Part 36 offer, when made, reject a common law offer previously made by virtue of the standard common law doctrine?

At common law, a counter-offer will often be understood to include an implied rejection of a previous offer. This will, however depend on the content of the offer and counter-offer.

By contrast, a Part 36 offer remains open until it is expressly withdrawn: see Practice Note: Part 36 offers—how to make a valid Part 36 offer. A subsequent Part 36 offer does not generally amount to a rejection of a previous Part 36 offer: Gibbon v Manchester City Council at para [16]. For more information on Part 36 counter-offers, see Practice Note: Part 36 offers—counter-offers.

However, according to Andrew Hochhauser QC in DB UK Ban

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