Acceptance of offer

Rosario v Nadell Patisserie Ltd [2010] EWHC 1886 (QB)

The defendant made a Part 36 offer of £72,887.42. The claimant responded with a counter offer of £130,000 and when this was rejected the claimant’s solicitors wrote that their client had instructed them to accept ‘your client’s offer of £72,887.42’ accompanied by a consent order which provided for payment of the claimant’s costs in full, to be assessed if not agreed. The defendant’s solicitor acknowledged the acceptance of the offer and promised payment. The defendant’s solicitor amended the draft consent order to provide for payment of the defendant’s costs from the last date for acceptance of the Part 36 offer. He contended the costs order in the draft consent order was no more than a proposal under CPR 36.10(4) for a particular costs order in the light of that acceptance, which the court could be asked to adjudicate upon if not accepted.