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PI Brief Update

Gemma Purser v Robert Hibbs & Anor [2015] EWHC 1792 (QB) - Gary Knight, Harmans

13/11/15. Consideration of the wording between “old” and “new” Part 36 requirements when offer accepted out of time. Before Judge Moloney QC sitting as a Judge of the High Court the Defendant had made an application within a personal injury action pursuant to the former Part 36 Rule 10(5) to deal with the late acceptance of a Part 36 offer.

The case was a road traffic accident which took place on 13 November 2010 wherein liability was admitted and expert evidence assembled well before proceedings were actually commenced; surveillance was undertaken by the Defendant insurers over two periods pre-commencement (June 2012 and January/February 2013) the evidence disclosed nothing suspicious or discreditable.

The Defendant made a Part 36 offer in the sum of £95,000.00 23 July 2013 which was not accepted within the relevant period though the offer remained open for acceptance and was accepted at the end of 2014...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.