In a widely reported judgement, Fladgate acted on behalf of JustEnough Software Corporation, the defendant and counterclaimant in a Commercial Court action brought by Supergroup Plc, the owners of the Superdry clothing brand, in successfully defeating an interim application.
Having brought proceedings in 2013, Supergroup discontinued its claim against our clients in May 2014, and shortly afterwards purported to accept a settlement offer (in Part 36 form) made by JustEnough in November 2013. It then applied to the court for a declaration that it had validly accepted the Part 36 offer.
In an important ruling, on an issue that had not previously come before the courts, Flaux J found that Supergroup’s purported acceptance was invalid because (a) the written words of withdrawal were clear and unambiguous and one that no reasonably competent solicitor would misunderstand and (b) furthermore, by the point Supergroup purportedly accepted the Part 36 offer, it was no longer available for acceptance, as the offer was made in respect of the whole of the action and Supergroup had by that point already discontinued its claim.
JustEnough was awarded its costs of the application and the case continues.
Dispute resolution partner Simon Ekins advised the client, assisted by solicitor Tom Bolam.