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Defendant contests Part 36 offer accepted on the day claimant died

An interesting article in the Gazette where a Defendant contests Part 36 offer accepted on the day the Claimant died.


https://www.lawgazette.co.uk/law/defendant-contests-part-36-offer-accepted-on-the-day-claimant-died/5108222.article


The decision by the court not to approve the settlement has brought up many questions. Indeed Part 36 is supposed to be a complete set of rules, ring-fenced. Once acceptance has been communicated, that’s it, isn’t it?


However, where the Claimant is a protected party, a Part 36 offer can be withdrawn, or acceptance of it can be withdrawn at any time prior to judgment on approval.


I think that this is going to be another topic for discussion regarding Part 36 on your next CPD/continuing competence training course!




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