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 Where the offer was not formally withdrawn, did the original rejection of the offer terminate it?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: 28 October 2019
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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

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Offer definition
What does Offer mean?

In relation to receivables, to offer the receivables for sale to a receivables purchaser in exchange for the purchase price.

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