When is the deadline for application for permission to withdraw or worsen a rule 45 offer after acceptance?
The catalogue records a 7 days period from The offeree's notice of acceptance (or, if earlier, the first day of the substantive hearing). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- The offeree's notice of acceptance (or, if earlier, the first day of the substantive hearing)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The application is the only route to escape a binding acceptance, and permission is itself discretionary and demanding: rule 47(8) requires the Tribunal to be satisfied "that there has been a change of circumstances since the making of the original Rule 45 Offer and that it is in the interests of justice to give permission". Do not model this as routinely granted.
- Engages only in the narrow scenario in rule 47(6): the offeree accepted before expiry of the relevant period but after the offeror had served notice of withdrawal or of a less advantageous change. Until permission is given, "that acceptance has effect". Note the earlier-of construction: if the substantive hearing starts within the seven days, the hearing date governs.