Defence of tender before claim meaning

In this issue: Public procurement Healthcare Social housing Education Governance Children's social care Social care Planning Daily and weekly news alerts New and updated content Latest Q&A Public procurement TCC considers permission for late re-amendments to statement of case in emergency network contract dispute (Airwave v Secretary of State) The case of Airwave v Secretary of State concerned a late bid to re‑amend an Amended Defence. The court declined permission for changes that were predominantly historic and bore no direct bearing on the defendants’ position. By contrast, it allowed re‑amendments with a genuine prospect of success, on condition that the defendants reformulated them as a crisp, self‑contained summary of the specific allegation. The court also emphasised that sweeping cross‑references to documents are unsuitable where concise particulars are required. Although the application was late, it was not treated as very late (i.e. one that would jeopardise the trial timetable), since, with appropriate case...

This Practice Note offers guidance on satisfying a contractual debt. It sets out how to identify when a sum falls due, what amounts to a discharge, and the implications of part payment (including the rule in Pinnel’s case, payment by instalments, compromise agreements and promissory estoppel). It also covers the involvement of third parties, the appropriation of payments to multiple debts, the defence of tender before claim, and the impact of illegality on paying a debt. For clarity on what a debt claim comprises, see Practice Note: Debt claims. For practical guidance on bringing debt claims, consult: Practice Note: Starting a contractual debt claim—a practical guide Practice Note: Pleading debt claims—worked hypothetical examples Starting a contractual debt claim—checklist Responding to a contractual debt claim—checklist See also Precedents: Letter of claim—contractual debt claim Letter of claim—contractual debt claim—in compliance with the Pre-Action Protocol for Debt Claims Covering letter to accompany Reply Form in response to letter of...