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MacDonald v Richmond Boat Project, County Court, 16 March 2000

15 September 2000
The issues

Whether a Part 36 payment had to be broken down and whether a global settlement offer was acceptable.

The facts

A Part 36 Offer was made to settle the whole claim later supported by a payment into Court. The claimant requested a breakdown saying that he could not be properly advised without it. That application was rejected on the basis that there was no power in the Civil Procedure Rules to seek breakdown but only a power to seek clarification.

The decision

The Defendant was entitled to make the offer that had been made. The interests of justice were served by such an offer. It had never been the Defendant’s intention to distinguish between general and special damages. To order it to make such a distinction was entirely artificial.

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