Supreme Court Rules 2000

A party to any proceedings may make to another party to the proceedings an offer of compromise of a claim of that other party or a claim made against that other party.

An offer of compromise is to be – lodged with the registrar; and served on the other party.

An offer of compromise may be made by a defendant by offering to – pay a nominated sum of money, clear of costs, to the plaintiff; or pay a proportion, expressed as a percentage, of the plaintiff's claim; or give the plaintiff any relief that the defendant contends is sufficient to dispose of the whole action or one or more causes of action.

An offer of compromise may be made by a plaintiff by offering to – accept a nominated sum of money clear of costs; or accept a nominated sum of money clear of costs after giving credit to the defendant for any set-off or counterclaim raised by the defendant against the plaintiff; or concede a proportion, expressed as a percentage, of the plaintiff's claim; or accept any relief that the plaintiff contends is sufficient to dispose of the whole action or one or more causes of action.

An offer of compromise is to include a term as to costs as provided by rule 281(c).

A party may make – more than one offer of compromise; and an offer of compromise to more than one party.

A party may make an offer of compromise at any time before the commencement of the trial in respect of the claim to which it relates.

An offer of compromise is open for any period, not less than 14 days after service of the offer, specified in the offer.

An offer of compromise may be made by or to 2 or more plaintiffs or defendants jointly.