Limitations on accepting Part 36 offers and breach of unless orders (Joyce v West Bus Coach Service)

Article summary

The court has held that a party could not accept a Part 36 offer after its own statement of case had been struck out. In this case it was the claim itself and so effectively brought the proceedings to an end. In so holding, the court considered the tension between CPR 36.9(2) which allows a party to accept an offer at any time with that in CPR 36.11 which implies that an offer cannot be accepted when in substance there is no claim left. CPR 36.11 was consistent with the provision in CPR 36.9(5) that following a claim being heard a party would need the permission of the court to accept a Part 36 offer prior to the judgment being handed down. The court also considered aspects relating to unless orders and whether they had been breached and the meaning of the wording 'The claim be struck out without further order' and...