Can A Vulnerable Party’s Change Of Mind Justify Part 36 Withdrawal Of An Accepted Part 36 Offer?
- The court may grant permission to withdraw a Part 36 offer after its acceptance if satisfied that there has been a change of circumstances since the offer was made and that it is in the interests of justice to give such permission.
- A ‘change of circumstances’ for the purpose of CPR 36.10(3) requires a significant alteration in the circumstances surrounding the case, such as the discovery of new evidence or a change in the legal outlook, and not merely a change of mind or a reassessment of known facts.
- The principles of certainty and predictability are of vital importance when construing Part 36, as it is a self-contained procedural code with a highly structured and prescriptive set of rules; parties need to know where they stand when offers are made or considered.
- A party’s medical vulnerability, which may affect their participation in proceedings or ability to give instructions, is a factor the court may consider, but it should be identified at the earliest possible stage of proceedings to be relevant to the exercise of discretion under Part 36.
- The underlying rationale for the relevant period in Part 36 is to give the offeree sufficient opportunity to consider the offer free from the fear that it might be withdrawn at any moment, and the court’s permission to withdraw an offer during this period serves as a monitoring function to release an offeror where a sufficient change of circumstances makes it unjust to be held to the offer.
