PRACTICEOffer to settle action under CPR part 36 open for 21 days - offer withdrawn but subsequently purportedly accepted before time expired - offer validly withdrawn and thereafter incapable of acceptanceScammell and Others v Dicker: CA (Aldous and Mance LJJ):21 December 2000In 1989 the plaintiffs brought an action against the defendant concerning a boundary dispute.

Before the trial on 20 March 2000 the parties tried to reach a settlement.The defendant offered to settle the action under CPR, part 36 by letter dated 9 March, but withdrew that offer by letter dated 13 March.Taking the view that the part 36 offer could not be withdrawn within the 21-day time limit, the plaintiffs purported to accept it on 14 March.At trial the judge concluded that the part 36 offer could not be withdrawn unilaterally in those circumstances and accordingly the action had been compromised on the terms of the letter of 9 March.

The defendant appealed.Sara Hargreaves (instructed by Simpson & Co, Rugby) for the defendant.

Louise Davies (instructed by Jacksons, Fordingbridge) for the plaintiffs.Held, allowing the appeal, that an offer made under CPR part 36 to settle an action could be withdrawn at any time prior to acceptance; that the defendant had been entitled to withdraw her offer and the plaintiffs could not accept it after it had been withdrawn; and that, accordingly, the action had not been compromised and should proceed.

(WLR)