5 BAY DRIVE MEADOWBANK

CONTRACT – offer to settle litigation – time – where defendant made a ‘walk away’ offer, open for 28 days – where that offer accepted on 28th day – whether relevant that time of acceptance was later than time of offer – common law position on taking fractions of days into account CONTRACT – offer to settle litigation – counter-offers – where, before acceptance, plaintiff inquired of the defendant whether it might be able to get a better offer – whether that inquiry amounted to a counter-offer such that the initial offer was rejected CONTRACT – offer to settle litigation – where offer stated to be ‘on terms requiring each party to pay its own costs of the proceedings’ – whether the phrase ‘on terms’ incorporated an expectation that further terms were to be negotiated – where, after acceptance, defendant sought to require execution of a deed of release – where no mention of such a requirement in initial offer – usual expectation that a competent solicitor will specify in detail the terms on which an offer is made – result that a deed of release was not required