Offer not accepted and judgment no less favourable to plaintiff
1010 Offer not accepted and judgment no less favourable to plaintiff
This rule applies if an offer is made by the plaintiff in relation to a claim, but not accepted by the defendant, and the plaintiff obtains an order or judgment on the claim no less favourable to the plaintiff than the terms of the offer.
Unless the court orders otherwise, the plaintiff is entitled to an order against the defendant for the plaintiff’s costs in relation to the claim—
if the claim is a personal injury claim—assessed on a solicitor and client basis for the whole of the proceeding; or
in any other case—
assessed on a party and party basis up to the time when the costs are to be assessed on a solicitor and client basis under subparagraph (ii); and
assessed on a solicitor and client basis—
if the offer was made before the first day of the trial—from the day the period for acceptance of the offer ends; and
if the offer was made on or after the first day of the trial—at and from 11 am on the day after the offer was made.
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