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Part 36 Consequences Superseded By Settlement Agreement

“I am satisfied that the Settlement Agreement was a binding contract that superseded the acceptance of the Part 36 Offer. This was because on 26 May 2020 the parties chose to conclude a written settlement agreement with fresh wording and an entire agreement clause. Looking at the parties’ fuller wording in the Settlement Agreement, and taking into account that the Part 36 Offer had been accepted and incorporated by way of an annex, the parties’ objective intention was to provide a fuller settlement agreement, not merely an agreement memorialising the Part 36 Offer