In Transwaste Recycling and Aggregates Ltd [2024] EWHC 2019 (Ch), Gabriella McNicholas acted for the Respondents in successfully resisting an application seeking declaratory relief that the Respondents’ Part 36 Offer was still open for acceptance after a trial on liability had concluded. 

The application relied on the fact that the relief ordered provided for an expert determination of the value of a minority shareholding, such that a key issue had yet to be decided, and it was not possible to determine whether or not the offer had been beaten. The judgment considers the scope of CPR rule 36.12 (which applies in a split-trial case) and the need for, and meaning of, legal proceedings which are extant in order for a Part 36 offer to remain open for acceptance

Gabriella was instructed by Milners Solicitors.

Judgment can be viewed here.