Description
Acceptance of the Part 36 offer could have been treated as the local authority's willingness to compromise a particular claim without prejudice to the stance that it might adopt in other cases.
It was held that the Part 36 regime was intended to encourage defendants to accept appropriate offers of settlement. The local authority's acceptance of the offer would not have required them to accept any principle at all and would not have created any precedent because it could have been treated as the local authority's willingness, on that occasion, to compromise a particular claim without prejudice to the stance it might adopt in other cases. It was therefore not unjust for the consequences provided by r.36.14(3) to follow.
