Costs consequences of failure to accept
20.07 Costs consequences of failure to accept
(1) This rule applies to an offer of compromise that has not been accepted at the time of judgment.
If:
(a) a defendant does not accept an offer of compromise made by a plaintiff; and
(b) the plaintiff obtains a judgment on the claim to which the offer relates that is equal to or more than the offer made,
the plaintiff is entitled to an order that the defendant must pay the plaintiff's costs in respect of the claim from the date of service of the offer, to be taxed or agreed on an indemnity basis, unless the Court orders otherwise.
If:
(a) a plaintiff does not accept an offer of compromise made by a defendant; and
(b) the plaintiff obtains a judgment on the claim to which the offer relates that is equal to or less than the offer made,
unless the Court orders otherwise:
(c) the plaintiff is entitled to an order that the defendant must pay the plaintiff's costs in respect of the claim to and including the day on which the offer was served, to be taxed or agreed on a standard basis; and
(d) the defendant is entitled to an order that the plaintiff must pay the defendant's costs in respect of the claim after the offer was served, to be taxed or agreed on an indemnity basis.
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