Tough Line on Late Acceptance

July 14, 2017

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Briggs v CEF Holdings Ltd (2017) Court of Appeal – Gross LJ & Asplin J

The Court of Appeal in Briggs held that it was important not to undermine the salutary purpose of Part 36 offers. Cases were fact-specific but the general rule under Part 36 was that if an offer was not accepted in time, the offeree will bear the costs of the offeror from the date of expiry of the relevant period and it was up to the offeree to demonstrate that it would be unjust. It was not enough to show that it had been difficult to form a view on the likely outcome of the case at the time the offer was made.

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