Q&As

If an open common-law offer is made by one party and it is followed with a WPSATC offer by the other party, has the open offer been rejected or is it still capable of acceptance?

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Produced in partnership with Phillip Patterson of Gatehouse Chambers

Published on: 16 January 2024

It is assumed that the offers to which the question refers have been made in the course of civil litigation between two parties based within the jurisdiction and that the underlying dispute is governed by the law of England and Wales.

In Contract Law, where the response to an offer is a counter-offer, that counter-offer will generally be deemed to be a rejection of the original offer. Whether a communication constitutes a counter-offer or some other communication, such as a request for information/clarification which would not constitute a rejection is, however, a matter for the proper construction

Phillip Patterson

Gatehouse Chambers

Phillip has a wide-ranging commercial and insolvency practice with experience of high-value and complex disputes.

He has particular expertise in technical company law issues, which makes him a popular choice for claims involving allegations of mismanagement and breach of duty as well as shareholder disputes. Phillip handles a wide variety of banking and financial services disputes where his postgraduate qualification in banking law gives him a decided edge. A significant proportion of Phillip's current and recent work concerns corporate and personal insolvency, a field in which Phillip is fast becoming a go-to junior for a range of matters.

Phillip also has experience of consumer contract issues, professional negligence claims and a variety of private client disputes.

Phillip regularly contributes to a number of academic and professional publications, providing topical insights into matters across his areas of practice. He is also current an editor of the volume of Atkin's Court Forms on Corporate Insolvency.