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Kim Andrew Orton V (1) John Brook Collins, (2) Martyn Richard Hudson, (3) Simon Jonathan Nethercott, (4) Alan John Charles Griffiths, (5) Alan Stuart Fairley, (6) Ian Michael Newcombe, (7) David Harold Phillips, (8) Anju Kalia, (9) Nicola Lowe [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 803 (Ch), 23 April 2007. Considers whether the court has the power to order parties to sign a single document incorporating an offer which had been made and accepted under CPR Part 36. C appealed against the decision of a master that they had not validly accepted the offer made by O. The offer was made in order to satisfactorily dissolve their legal partnership. C accepted the offer, but a dispute subsequently arose regarding its terms. O argued that sending notice of acceptance to a Part 36 offer was not sufficient when the case involved the disposition of interest in land. "Held": The principle objective of the CPR was to deal with matters fairly and proportionately while saving court time. The fact that parties had agreed to use a Part 36 agreement for this purpose did not mean that its contract law could be used to deny the acceptance. The parties had accepted the offer in principle and the mechanism used was of no effect. The court could order the parties to sign a single agreement to the effect of the earlier agreement. Appeal allowed.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 138229-1001

[2007] EWHC 803 (Ch), 23 April 2007. Considers whether the court has the power to order parties to sign a single document incorporating an offer which had been made and accepted under CPR Part 36. C appealed against the decision of a master that they had not validly accepted the offer made by O. The offer was made in order to satisfactorily dissolve their legal partnership. C accepted the offer, but a dispute subsequently arose regarding its terms. O argued that sending notice of acceptance to a Part 36 offer was not sufficient when the case involved the disposition of interest in land. "Held": The principle objective of the CPR was to deal with matters fairly and proportionately while saving court time. The fact that parties had agreed to use a Part 36 agreement for this purpose did not mean that its contract law could be used to deny the acceptance. The parties had accepted the offer in principle and the mechanism used was of no effect. The court could order the parties to sign a single agreement to the effect of the earlier agreement. Appeal allowed.