An interesting article in the Gazette where a Defendant contests Part 36 offer accepted on the day the Claimant died.
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However, where the Claimant is a protected party, a Part 36 offer can be withdrawn, or acceptance of it can be withdrawn at any time prior to judgment on approval.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!