- Cited — University Hospitals of Derby & Burton NHS Foundation Trust v Rebecca Harrison 2022-12-16
“…any way contractual. The authorities, such as Flynn v Scougall [2004] EWCA Civ 873; [2004] 1 WLR 3069 and Gibbon v Manchester City Council [2010] EWCA Civ 726; [2010] 1 WLR 2081, make it plain that Part 36 is a self-contained procedural code, a statement now enshrined in r.36.1(1). But contractual principles remain relevant when constr…”
- Cited — Joanne Properties Ltd v Moneything Capital Ltd & Anor 2020-11-19
“…ue of a Part 36 offer, which may be accepted even after the offeree has put forward a different proposal: Gibbon v Manchester City Council [2010] EWCA Civ 726, [2010] 1 WLR 2081. That is why it is an ordinary occurrence in litigation that without prejudice negotiations often take place in parallel with the making of a Part 36 offer. Th…”
- Cited — King v City of London Corporation 2019-12-18
“…de” comprised in CPR Part 36 is “carefully structured and highly prescriptive” (to quote Moore-Bick LJ in Gibbon v Manchester City Council [2010] EWCA Civ 726, [2010] 1 WLR 2081, at paragraph 4). The regime is, designedly, relatively inflexible. A party wishing to make an offer which does not meet the requirements of Part 36 is free, h…”
- Followed — King v City of London Corporation 2019-12-18
“…it should be for every judge considering the application or otherwise of CPR Part 36, is the warning given by Moore-Bick LJ in Gibbon v Manchester City Council [2010] 1 WLR 2081. He described Part 36 as “a carefully structured and highly prescriptive set of rules”. He said that parties were not bound to follow those rules but that, if …”
- Cited — Hertel & Anor v Saunders & Anor 2018-07-31
“…as been repeatedly said that Part 36 is a carefully structured, highly prescriptive and self-contained code: see, for example, Gibbon v Manchester City Council [2010] 1 WLR 2081.…”
- Considered — Gamal v Synergy Lifestyle Ltd 2018-02-16
“…LJ then went to consider whether this analysis was inconsistent with that of Moore-Bick LJ in LG Blower Specialist Bricklayer Ltd v Reeves [2010] EWCA Civ 726; [2010] 1 WLR 2081 (heard at the same time as Gibbon v Manchester City Council). In that case, the claimant had a claim in debt for some £15,800, within which was an amount of £6…”
- Cited — Gamal v Synergy Lifestyle Ltd 2018-02-16
“…[2010] EWCA Civ 726; [2010] 1 WLR 2081; [2010] 2 All ER 258 CA,…”