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Taylor v Stagecoach Midland Red, County Court, 17 August 2001

11 March 2002
The issues

Part 36 Offers – effective Payment into Court.

The facts

The Claimant had an accident and brought an action against Stagecoach. She made a Part 36 Offer to the Defendant of £21,000.00. The Defendant subsequently paid into Court £12,500.00. Later the Defendant indicated that it was willing to accept the Claimant’s Part 36 Offer. The Claimant argued that the offer was no longer there to be accepted for two reasons, firstly as a matter of Contract Law and secondly because of a clear stipulation that time for acceptance was limited.

The decision

The Payment into Court had effectively been a rejection of Claimant’s Part 36 Offer. Moreover, the stipulation as to time made acceptance impossible in any event.

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