Multiple defendants
20.08 Multiple defendants
(1) Where 2 or more defendants are joined in proceedings in respect of a claim for a debt or damages and rights of contribution or indemnity appear to exist between them, one or more of the defendants may make an offer of compromise of:
the plaintiff's claim; and
(b) the claims of all the other defendants for contribution or indemnity.
An offer of compromise under subrule (1) is to be:
made on behalf of all the defendants; and
served on the plaintiff and all other defendants.
(3) If the defendant's offer is not accepted and the judgment is equal to or less than the defendant's offer, unless the Court orders otherwise, the defendant is entitled to an order that:
the plaintiff; or
one or more of the other defendants, as the Court determines,
must pay the defendant's costs in respect of the claim, commencing 7 days after the day on which the offer was served, to be taxed or agreed on a standard basis.
(4) Where 2 or more defendants are joined in proceedings in respect of a claim for debt or damages and rights of contribution or indemnity appear to exist between them, the plaintiff may make an offer of compromise of the plaintiff's claim against all of them.
(5) The plaintiff must serve an offer of compromise under subrule (4) on all the defendants.
(6) If the plaintiff's offer is not accepted and the judgment is equal to or more than the offer, the Court may make the orders for costs it considers appropriate against some or all of the defendants.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.