Sampla v Rushmoor Borough Council [2008] EWHC 2616 (TCC), PLC Construction 21 October 2009

A party can subsequently accept a Part 36 offer that it has previously rejected. However, the court refused to grant permission to accept in this case, because the claimant’s claim had been settled and the trial of the issue of contribution was almost complete, so that the parties’ perception of the likely outcome of the trial had changed signifi cantly since the offer was made; and settlement at that stage would only result in modest cost savings. PLC Construction notes that “this is understood to be the fi rst decision on this point since the present version of CPR 36 came into force in April 2007.” To read the judgment, go to http://www.bailii.org/ew/cases/EWHC/TCC/2008/2616.html.