000 01987cad a22001935a 4500
001 L138229
008 070523s2007 xxk f w 000 0 eng d
035 _a(Sirsi) u138229
041 0 _aeng
245 0 0 _aKim 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
_h[electronic resource]
260 _c2007
520 _a[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.
590 _aKA
650 2 4 _aORTON V COLLINS AND OTHERS
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AGREEMENTS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Ch/2007/803.htmlView the article free of charge at www.bailii.org...
942 _n0
999 _c78825
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