Wormald v Ahmed [2021] EWHC 973 (QB)
Protected party and Part 36 After suffering a cardiac episode in September 2020, the claimant in this road traffic PI claim (through his litigation friend) accepted a Part 36 offer made in 2014, and died later the same day. The defendants sought to withdraw the offer when informed of the death. The court considered the following questions: (a) where a protected party accepts a Part 36 offer is the other party subsequently able to withdraw that offer before approval of the settlement? and (b) when the court is asked to approve a settlement, on what grounds (if any) can a Part 36 offer be withdrawn and approval of a settlement be refused? On the facts (including the disparity in the parties' knowledge about the changed prognosis) it seemed unjust for the defendant to be bound by the Part 36 offer, but a final determination would be made after the claimant had had the opportunity to provide further information.
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