Part 36: Offer To Settle Did Not Cover Claims In Draft Amended Pleadings

• Published date: 15 June 2023
• Law Firm: Norton Rose Fulbright
• Author: Andrew Judkins

In Warburton v The Chief Constable of Avon and Somerset [2023] EWCA Civ 209, the Court of Appeal considered the scope of a Part 36 settlement offer to settle "the whole of the claim" where there were additional claims set out in the claimant's draft amended particulars of claim. The Court also considered and applied the principles of abuse of process in relation to an attempt to bring new proceedings after the settlement. The Court held that the settlement did not include the additional claims but the claimant was prevented from bringing new proceedings to raise the additional claims. The case is a further reminder of the need for certainty in Part 36 offers.

Background

In April 2018, the claimant brought defamation proceedings against the defendant police force (2018 Proceedings), in relation to information supplied to a prospective employer (another police force). In May 2019, the claimant filed and served draft amended pleadings as part of the 2018 Proceedings, which advanced a proposed data protection claim. In July 2019, before these amendments were granted, the claimant accepted a Part 36 offer from the defendant to settle "the whole...