Part 36 Offer Containing Term Court Could Not Have Ordered Deemed Valid

In Robert Colicci & Others v. Nora Grinberg & Another,¹ the High Court of England and Wales confirmed that a Part 36 offer containing a term that the court would not have been able to order (in this case, a payment to the defendant in exchange for the transfer of shares) was a valid Part 36 offer.

Background

The case concerned shareholding in a company established by Ernesto Colicci and his former wife, Josephine Colicci. In a deed dated 1 June 2016, Ernesto and Josephine had covenanted that any shares still held in the company when they died would pass to their children, and that they would each make wills to that effect. Ernesto did not comply with that promise and instead made a will leaving his shares in the company to his second wife, Nora Grinberg.