In this decision, which departs from earlier High Court obiter dicta, Master Thornett held that the Court has no jurisdiction to extend the “relevant period” of a Part 36 offer. As such, if a Claimant wishes to belatedly accept a defendant’s Part 36 offer they will need to show that it is “unjust” that the usual cost consequences apply: there is no power (in effect) to obtain such a ruling ahead of time.
Nicholas Pilsbury appeared for the successful Defendant / Respondent to the application.
You can read his case note below.
