Description
Purported acceptance of Part 36 offer was invalid when it was not served on the offeror's address for service in accordance with r.36.9(1) and r.6.22(3).
The claimant purported to accept the defendant's Part 36 offer by personally serving handwritten acceptance during the course of an adjournment on the first day of the trial. The service was held to be invalid. CPR r.6.22(3) allowed for personal service of documents except where an address for service had been provided. The defendant had provided such an address. Two minutes after the purported acceptance of the offer the defendant validly withdrew the offer by serving notice by fax at the claimant's address for service.
To allow the claimant permission to dispense with service would give an unfair advantage when compared with the defendant that had followed the rules.
