Sarah Robson Barrister
Contract Law, including offer and acceptance, has no place in MOJ Portal Protocol cases
Purcell v McGarry
HHJ Gore QC, Liverpool CC, Friday 7th December 2012
The issue here on first tier appeal was whether a Defendant could accept an offer after the end of Stage 2. The judge held that a Portal offer remains open for acceptance after the end of Stage 2. Importantly he noted that contract rules such as offer and acceptance have no place in the Portal arena.
This case is important as it establishes that a Portal offer does not automatically cease to be open for acceptance. It has been followed by other cases which have held how offers made in the Portal remain open for acceptance even after Part 7 proceedings have been issued. It also makes it clear that the Portal is 'its own man' and thus contract law does not apply.