Monday 5 March 2012

PART 36 (WHAT ELSE ?)

Thanks to Stewart Simpson for bringing to my attention the High Court decision of JOYCE V WEST BUS COACH SERVICES (2012) EWHC 404 (QB). The High Court came to the eminently sensible decision that a party which had been struck out could not accept a Part 36 offer made by the other side. True , the offer had not been withdrawn but the very purpose of the provision is to enable a claim to settle. Having been struck out, there was no claim extant to settle.