Not at all.
Mbk preferred to divert the discussion to another subject.
He asked the definition of "Open Offer".
I gav ehim a couple, which he pronounced as wrong, but without being able to offer his own definition.
It was a blatant and typical mbk tactic, divert and procrastinate on the diversion.
There are essentially a few different types of offer, some are extensions of others:
- Open Offer: is an offer that can be submitted, to court as evidence of an offer if the matter goes to court. They are typically used to protect a costs claim if there is a feeling that the other side is being unreasonable
- Without Prejudice offer: This is an offer that cannot be submitted as evidence, it does not necessarily mean the offer is marked "without prejudice". Offers made between parties without the benefit of legal advice are usually considered without prejudice, save admission of wrong doing etc.
- Calderbank offers: As above save as to costs, meaning it can be considered by the judge as an offer once he has decided the case, in order to assess costs.
- Part 36 offers: follow CPR PAP rules, must state Part 36, be in writing, be at least valid for 21 days. Failure to comply places your cost order at risk.
it was important on the other thread, because the Judge referred to an Open Offer. To anyone with the most basic legal knowledge, that cannot be a Without Prejudice offer.