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Litigation - the importance of the correct wording when making an offer to settle a claim
12 October 2011
On 11th October 2011 the Court of Appeal gave Judgment in the case of French v Groupama Insurance Co Ltd
The case is somewhat techinical but essentially concerned an offer to settle, which was made in a civil claim. The question arose as to whether the Court could carry that offer into consideration at Trial on the issue of costs.
The case makes it very clear that when making offers parties must have regard to the Court Rules and established law, to ensure that, if the offer is not accepted, and the party does want to rely on the offer on the question of costs at Trial, they will be able to do so.
Howell Jones' Litigation Team can advise, draft and assist not only on law, but also strategy and how offers should be made and drafted.
Should you be a party to a claim, or a potential claim, please feel free to contact them for an outline conversation and to see whether they can assist.
Andrew Petchey, Partner, Litigation Team
