The Facts
i) The claimant made a Part 36 offer in November 2019 (“the Offer”).
ii) In June 2021 the court heard the claimant’s application issued in February 2021 to strike out the defence and/or for summary judgment.
iii) Judgment was reserved and a draft judgment finding in favour of the claimant circulated in July 2021.
iv) As a result of certain consequential matters, the handing down of the judgment was deferred.
v) A Notice of Acceptance was served by the Defendant by email on 6 September 2021 (“the Acceptance”).
vi) A directions hearing took place in early October where it was envisaged that directions would be given for the disposal of the claim as the judgment did not address the quantum of the claim which was in dispute. However, it was by then apparent that nothing further could occur until the status of the Offer was determined, as if that Offer was capable of acceptance without the permission of the court, rule 36.14(1) provides that if a Part 36 offer is accepted, the claim will be stayed.
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Please click on this link for the full article by Stephen Boyd on whether a summary judgment hearing is a trial, for the purposes of CPR Part 36.
