In Jeffrey Wakefield (T/A Wills Probate And Trusts Of Weybridge) v (1) Ian Roger Ford (2) Caporn Cambell (A Firm) – Lawtel 5.2.09 the Queen’s Bench court held that where an offer to settle defamation proceedings had been made several months earlier and had expressly provided for costs "to date", it was clear that the offer was not to continue indefinitely into the future and that it had expired, and therefore it could not subsequently be accepted.

The offer had been clear in that the Applicant had said that it was prepared to accept costs "to date", and that if the offer was not accepted the demands on the Applicant would be correspondingly greater as costs built up towards trial. It was therefore untenable to construe the offer as one which was to continue indefinitely into the future, such that the Applicant could accept it at any time.