The UCPR offer of compromise provisions (Part 20 Division 4 and Part 42) apply to proceedings involving persons under legal incapacity suing through tutors, subject to s 76 of the Civil Procedure Act 2005 operating as a condition on any resulting agreement. When a tutor accepts an offer of compromise, the acceptance does not create a complete binding agreement but gives rise to contractual obligations including an implied obligation to seek court approval; if approval is granted, a binding agreement then arises. Tutors face the same indemnity costs consequences as other litigants for failing to accept reasonable offers of compromise, and the risk of personal liability for costs changes in scope but not character. An offer open for 21 days made after mediation and five weeks before trial is prima facie reasonable under UCPR 20.26(7)(b).
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