You are here

The general law is not always applicable in civil procedure

In part one of a three part review, DAS LawAssist consultant David Chalk outlines the relationship between the general law of contract and the rules applicable in civil procedure. He finds in some perhaps surprising instances, that the general law is found not to apply

18 July 2014

Part 36 and settlement

Given that part 36 has as its aim the settlement of litigation, it might be assumed that behind it lies the ordinary law of contract, or indeed that was seemingly the position until recently.

For example, in Scammell v Dicker [2001] 1 WLR 631 it was held that a part 36 offer (as opposed to a payment into court) did not exclude the ordinary law of contract and it followed that if an offer had not been accepted it could be withdrawn. This decision of the Court of Appeal was one of the first decisions to consider the new Civil Procedures Rules and its context was the question of the need for leave of the court in respect of withdrawal.

The Court of Appeal held that leave was not required. Part 36 at that time included the mechanism of payment into court and there the provisions were clear that withdrawal did require leave - a constraint therefore on the general law of contract.

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 48 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to our NEW SJ app which will be compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and ARK events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, starting at only £489 per annum, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 48 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to our NEW SJ app which will be compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and ARK events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emilyjane.beechey@wilmingtonplc.com.

TRY BEFORE YOU BUY

You can immediately access Solicitors Journal premium content for a FREE two week trial period by registering NOW. To register you will need to have a corporate email address. You will receive:

  • Two digital copies of Solicitors Journal
  • Weekly email alert with latest legal news
  • Access to premium content
  • Access to 13 years of searchable archives

Register