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12 January 2011 / Vanessa Van Breda
Issue: 7448 / Categories: Features , LexisPSL
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Pitfalls to avoid

Vanessa Van Breda looks at four judgments from last year which highlight potential pitfalls within the Pt 36 regime

To trigger Pt 36 consequences an offer’s form and content must be in accordance with CPR 36.2. This may seem straight forward, but the recent case of C v D & Another [2010] All ER 176 (Nov) indicates just how technical and prescriptive the Pt 36 regime is.

In C v D the claimant’s “Part 36 offer” was stated to “be open for 21 days from the date of this letter (the ‘relevant period’)”. The defendant sought to accept it over a year later; less than one month before trial. The claimant sought a declaration that it could no longer be accepted; the defendant should have accepted it when it was stated to be open.

Granting the declaration, Warren J (Chancery Division) concluded that the wording, highlighted above, provided a time limit for acceptance of the offer which ended some time before the defendant’s attempted acceptance. He also concluded that such a time limited

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Cripps—Radius Law

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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