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  • Part36

    Hi to anyone that can help
    this is to do with will
    the offerors solicitor issued a part 36 offer to which us the offeree accepted within the 21 day deadline they set 10 days later our solicitor has received a letter stating they are withdrawing the offer as they have made a mistake my solicitor is adamant this is a binding contract once accepted is this correct
    Tags: None

  • #2

    A Part 36 offer can only be withdrawn, or its terms changed, if the offeree has not previously served notice of acceptance (CPR 36.9(1)).

    Tough titties for the offeror if he made a mistake!


    • #3
      Fingers crossed thankyou


      • #4
        One last question the solicitors have been communicating by email so this won't affect the fact it's still binding as the offeror last letter I.e the withdrawal letter was sent by recorded delivery


        • #5
          A part 36 offer has to be in writing CPR 36.5) and has to be served according to CPR36.6
          For service by email to be effective the requirements of Practice Direction 6A must be met:.

          As I am not aware of the solicitors' communications I can't possibly comment on whether or not they are compliant.
          However your solicitor seems sure of the position.


          • #6
            Just had email back from solicitor confirming everything was done properly and following the correct procedure and are rejecting their arguments full stop


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