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Part 36—Defective service, when an offer is genuine and whether it would be unjust to apply CPR 36.17 in light of coronavirus (COVID-19) (London Trocadero v Picturehouse Cinemas Ltd)

Published on: 29 November 2021
Published by: LexisPSL
  • Part 36—Defective service, when an offer is genuine and whether it would be unjust to apply CPR 36.17 in light of coronavirus (COVID-19) (London Trocadero v Picturehouse Cinemas Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: This case concerned the circumstances in which the court would: (i) remedy an error pursuant to CPR 3.10(b) where a Part 36 offer was served not in accordance with Part 6; (ii) regard an offer for 99% of a claim as being a genuine offer to settle; (iii) consider it unjust to grant a claimant offeror the benefits set out in CPR 36.17(4) in light of coronavirus (COVID-19). In short, the court: (i) granted an order remedying the defective service given that the offeree had received the offer and the point had only been taken shortly before trial; (ii) held that the offer was a genuine attempt to settle notwithstanding the minor difference between the amount the claimant offeror offered to accept and the full claim and (iii) considered, in light of the effect of coronavirus on the tenant defendants’ businesses and the government’s impending arbitration scheme governing claims for rent arrears falling due during the pandemic, that it would be unjust to apply the full rigors of CPR 36.17(4). Written by Rupert Cohen, barrister and mediator at Landmark Chambers. or take a trial to read the full analysis.

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