Office: +44 203 968 0500
24/7 Emergency Response: +44 7887 710 950
Select Page

What is an offer to accept and why is it potentially important?

What is an offer to accept and why is it potentially important | BDM Blog | BDM Law

The recent decision from the Court of Appeal in Seabrook v Adam (1) is yet another reminder that Claimants’ Part 36 offers to settle a claim are only effective if clearly worded. In that case, the offer to accept, on its proper interpretation, was held to be for 90% of the claim. It was held not to be an offer in respect of liability for part of the claim and clear words would have been required to give effect to that.

There are many pitfalls to avoid when making a Claimants’ Part 36 offer. It is always wise to take legal advice before proceeding. That said, a good starting point is to consider using Form N242A, a copy of which can be found here.

For those interested, please see our previous blog on the importance of Part 36 offers and the implications of getting it wrong by clicking here.

  1. [2021] ECWA Civ 382
BDM is a specialist shipping law firm offering high quality legal advice and representation at a reasonable price. Please follow us on social media by clicking below.

Other Recent Blogs

  • Tendering NOR does wirelessinclude email | BDM Blog | BDM Law
    November 21, 2022

    Tendering NOR – does “wireless” include email?

    In a recent arbitration under the LMAA Small Claims Procedure (1) the Tribunal had to determine the validity of a Notice of Readiness (“NOR”) which had been tendered by email. The NOR is one of the most important documents for ship owners because it acts as a trigger to [...]

    Read more >
  • Delivery without original bills – an example of what can go wrong | BDM Blog | BDM Law
    November 7, 2022

    Delivery without original bills – an example of what can go wrong

    Readers of our blog may recall an article we released back in November 2020 in which we highlighted the risks that a ship owner is required to undertake when accepting a letter of indemnity (LOI) in exchange for releasing the cargo without the production of an original bill [...]

    Read more >
  • Supreme Court gives permission to appeal in The Polar | BDM Blog | BDM Law
    October 31, 2022

    Supreme Court gives permission to appeal in “The Polar”

    We previously reported on the High Court and Court of Appeal’s decisions in one of the last Somali ransom cases still in the Court system. The Court of Appeal held that a war risks provision in a charterparty did not constitute an agreement that the owners would not claim [...]

    Read more >
+44 203 968 0500
+44 7887 710 950