Sampla & Ors v Rushmoor Borough Council & Anor
Citation: EWHC 2616 (TCC); [2008] All E.R. (D) 335 (Oct)
Nature of case:
Rushmoor had engaged Crowley, a contractor, to complete works which resulted in the collapse of Sampla’s house. Sampla had brought a claim against Rushmoor and Crowley, which Crowley had settled. Crowley then claimed against Rushmoor for a contribution to that settlement. In the course of that claim, Crowley made a part 36 offer, which Rushmoor rejected. At a late stage in the trial of Crowley’s claim, Rushmoor made the present application for permission to accept Crowley’s part 36 offer.
While finding on the facts that the Court’s discretion should not be exercised in favour of Rushmoor, and dismissing the application, Coulson J ruled that:
(a) There was no reason in principle why the offer of 12th August could not be accepted despite its earlier rejection;
(b) There was no implied term of the offer to the effect that it could not be accepted once the trial had started;
(c) There was no estoppel by convention, there having been no common assumption that the offer had lapsed.
