UCPR r 361(4) operates only on offers that satisfy subrule (1) — that is, offers that are more favourable to the plaintiff than the judgment obtained. Where a defendant makes multiple offers but only one satisfies subrule (1), that offer is the relevant offer for costs purposes; the rule does not require regard to earlier offers that did not satisfy subrule (1). The closeness of the offer to the judgment amount is not, on its own, a factor justifying departure from the standard costs order under r 361(2). The question whether offers made under the former District Court Rules qualify as 'offers to settle' under Part 5 UCPR was expressly left open.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.