Archive for the 'part 36 offers' Category

C v D and another – WLR Daily

C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292

“A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2).”

WLR Daily, 18th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Stockler v Revenue and Customs Comrs – WLR Daily

Stockler v Revenue and Customs Comrs; [2010] EWCA Civ 893; [ 2010] WLR (D) 222

“The revenue was entitled to charge the taxpayer a penalty under s 95 of the Taxes Management Act 1970, even after the parties had compromised and settled their tax claim disputes, so long as the penalty did not exceed the difference between the amount payable on the accurate returns and the amount that would have been payable on a negligent or fraudulent return, within the confines of s 95(2) of the 1970 Act.”

WLR Daily, 3rd August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Contract law does not bind ‘Part 36’ offers to settle, rules Court of Appeal – OUT-LAW.com

“An offer to settle court proceedings that is made under Part 36 of the Civil Procedure Rules in England and Wales can still be accepted after it has been rejected, unless a formal withdrawal has been made, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 2nd July 2010

Source: www.out-law.com

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another – WLR Daily

Gibbon v Manchester City Council; L G Blower Specialist Bricklayer Ltd; Reeves and another [2010] EWCA Civ 726; [2010] WLR (D) 161

“Although basic concepts of offer and acceptance clearly underpinned CPR Pt 36 it should not be understood as incorporating all the rules of law governing the formation of contracts; rather it should be read and understood according to its terms without importing other rules derived from the general law, save where that was clearly intended.”

WLR Daily, 28th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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