Q&As

One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 28/10/2019

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?

One party to financial proceedings made an offer to settle which was rejected by the other party and the case was then listed for a final hearing. Following a significant change in circumstances, the party who rejected the offer now seeks to accept it. Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?

In the context of financial remedy proceedings, it is not open to the parties to utilise the Part 36 procedure set out in the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132, and there is no equivalent in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. Instead the parties are obliged to provide details of all offers and proposals and responses to them not less than seven days prior to the financial dispute resolution hearing and the court will ordinarily direct that open offers are filed seven days before the final hearing. These provisions do not prevent the parties from making without prejudice or open offers at any stage.

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