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PHI Group Ltd v Robert West Consulting Ltd [2012] EWCA Civ 588 - 10/05/12

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An offer which did not specify a period of not less than 21 days, or any period, in compliance with CPR r.36.2(2)(c) was not a Part 36 offer

It was held that an offer did not specify a period of not less than 21 days, or any period, in compliance with CPR r.36(2)(2)(c) was not a Part 36 offer. It was not part of the mandatory requirements of the rule, once the period had been specified, to state expressly that that was the period "within which the defendant will be liable for the claimant's costs in accordance with rule 36.10 if the offer is accepted". The solicitors' letter did not specify any period for the purposes of the rule and therefore the offer was not Part 36 compliant.

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