- Court of Appeal—‘subject to contract’ negotiations and Part 36 offers (Joanne Properties Ltd v Moneything Capital Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Commercial analysis: The Court of Appeal considered the effect of a Part 36 offer on otherwise ‘subject to contract’ negotiations, and came to the conclusion that it was perfectly possible for Part 36 offers (which cannot be made ‘subject to contract’) and ‘subject to contract’ negotiations to proceed in parallel. The Court of Appeal’s judgment was also notable in explicitly taking into account the post-agreement conduct of the parties in determining whether a binding settlement had been reached. Written by Robin Kingham, barrister at Gough Square Chambers.
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