The decision
In Dorchester Group Ltd t/a Dorchester Collection v Kier Construction Ltd, the defendant’s solicitors made an “open offer” to the claimant in the form of a letter (the letter), which stated (inter alia):
“In full and final settlement of the Proceedings we set out herein [the Defendant’s] open offer and the terms that relate to it.
For the purposes of the Proceedings only, and without making any admissions of liability save as set out below, [the Defendant] accepts that [the Claimant] is entitled to the following declarations…”
At the hearing, the claimant argued that the letter contained an admission and that the claimant was therefore entitled to judgment because the defendant “now concede[s] that it is liable to account for” the sums at issue in the case. Continue reading
