Q&As

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 14/02/2017

The following Dispute Resolution Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?
  • Form N242A
  • Written notice
  • Service by email

Does the use of ‘may be’ in CPR PD 36, para 1.1 allow for an offer to be validly accepted without using Form N242A as the notice of acceptance? Does CPR PD 36, para 3.1 allow for a notice of acceptance to be validly accepted by email?

Form N242A

CPR 36.11(1) provides that a CPR Part 36 offer is accepted by serving written notice on the offeror. Paragraph 1.1 of Practice Direction 36 (CPR PD 36, para 1.1) states that the making and accepting of an offer may be done using Form N242A, but this is not mandatory. Where an offer has been made using that form, it is likely to be convenient to use the form for acceptance too.

Written notice

The requirement of written notice includes notice by email. The provisions of the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132 expressly envisage that documents can be served by electronic means. Moreover, Schedule 1 to the Interpretation Act 1978 provides that (unless the contrary intention appears) the term ‘writing’ includes ‘typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form, and expressions referring to writing are construed accordingly’. Although the draftsman obviously did not have email in mind, it is encompassed by that definition.

Service by email

Care

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