PT-2022-BRS-000100 - [2025] EWHC 2743 (Ch)

Thirdly, on the material before me, I am satisfied that the claimant has not in fact honoured the terms of the offer. The claimant expressly accepted it, but then has sought to add further terms to the offer, and has made them in effect conditions of acceptance, even after the event. These include (amongst other things) the claimant’s request for assistance with an adverse possession claim against a third party, the question of the payment of upkeep of accessways, a requirement for fresh documents to enable the claimant to secure borrowing for his own contractual commitments, a provision to deal with the possession proceedings brought by the defendants against the claimant, and provision of an indemnity by the company in relation to assets to be transferred by the company to the claimant.

In my opinion, it is far too late for any of this. If the claimant wanted any of these things (and indeed others referred to in the correspondence) to be included in the Part 36 deal, then he should have refused to accept the offer, and made a counter-offer. But he did not. Instead, he accepted the offer.