Question 1 of 10

Manchester Hospitals NHS Trust has recently instructed you in respect of proceedings, issued against it by Herbert, for damages for clinical negligence. On Friday last week, Manchester Hospitals NHS Trust served its defence within the correct time limits. The claim is likely to be allocated to the multi-track. Manchester Hospitals NHS Trust wants to make a Part 36 offer but wants it to be a time limited offer ie only open for acceptance for a specified period of time. It asks you for advice on whether it is possible to make a time limited Part 36 offer. What ONE of the following is the BEST advice in these specific circumstances?

A. Yes it is possible to make a time limited offer. The offer can be automatically withdrawn in accordance with its terms. There can be a term which time limits the Part 36 offer. This time limit can be of any period including less than the relevant period. B. No it is not possible to make a time limited offer. Once a Part 36 offer is made it cannot be withdrawn under any circumstances. C. Yes it is possible to make a time limited offer. The offer can be automatically withdrawn in accordance with its terms, at the end of a specified period of time. However, the time limit must be after the expiry of the relevant period. D. No it is not possible to make a time limited offer. You would have to withdraw the offer by serving notice of withdrawal.