Court Procedures Rules 2006

This rule applies if an offer is made by the defendant in relation to a claim, but not accepted by the plaintiff, and the plaintiff obtains an order or judgment on the claim no more favourable to the plaintiff than the terms of the offer.

Unless the court orders otherwise—

if the claim is a personal injury claim—the plaintiff—

is entitled to an order against the defendant for the plaintiff’s costs in relation to the claim, assessed on a party and party basis up to and including the day the offer was made; and

is not entitled to an order against the defendant for the plaintiff’s costs in relation to the claim after the day the offer was made; but

is not required to pay the defendant’s costs in relation to the claim on and from the day the offer was made; or

in any other case—

the plaintiff is entitled to an order against the defendant for the plaintiff’s costs in relation to the claim, assessed on a party and party basis up to the time when the defendant is entitled to costs under subparagraph (ii); and

the defendant is entitled to an order against the plaintiff for the defendant’s costs in relation to the claim, assessed on a party and party 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.