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litigation part 36 offer help needed????


fergal71
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I have recently been to court due to a split from ex... for property equity...very long and complex situation...

 

her solicitor before previous hearing made me a verbal without prejudice offer that I buy her out for x amount £. I refused the offer and we proceeded. The hearing was adjourned and changed to a different date. prior to this date she made the same offer by letter was not without prejudice, I accepted by post prior to new court date...

 

my ex decided the offer no longer was on the table the judge said because I rejected offer previously the offer no longer stood????? he seemed very anti me from the beginning and I need advice as to wether the offer has been reinstated and I should contest that he said the offer no longer existed. I now have to pay substantialy more and I feel having accepted previous offer that is all I should have to pay???? any help would be appreciated from the legal eagles out there????

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Hi fergal71, if the letter on its face stated that it is intended to have the consequence of a Part 36 offer.. then you have a period of not less then 21 days to consider the offer. Once an offer has been made it may not be withdrawn during the 21 days (or whatever longer period was contained in the offer) unless the court gives permission.

 

Basically if you accepted the 2nd formal offer within the time allowed it should stand.

 

You may need to get a book on civil litigation, try legal pratice course guides by Craig Osborne 2007 - 2008 costs about £27.99.

 

Please note this is my view and you should seek proper legal advice before taking any action based on my view.

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I took longer than 21 days but the offer was never formally withdrawn !!

 

3rd of october was verbal offer which I rejected

31st of october by post formal offer, received 7th nov ish

17th december by post accepted offer....

 

what do you think

 

as the offer was never withdrawn.. when we got to court I expected to discuss terms of the offer but the judge siad because i rejeced it, it no longer stood....

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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