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r 26.02

Offers of compromise generally

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Part 2Offers of compromise

26.02 Offers of compromise generally

(1)

A party may, in respect of any claim in a proceeding, serve on another party an offer of compromise on the terms specified in the offer.

(2)

An offer of compromise in respect of a claim may be on terms that take into account any other claim made in the proceeding between the parties.

(3)

An offer of compromise must—

(a)

be in writing and prepared in accordance with Rules 27.02 to 27.04; and

(b)

contain a statement to the effect that it is served in accordance with this Order.

(4)

An offer of compromise must state either—

(a)

that the offer is inclusive of costs; or

(b)

that costs are to be paid or received, as the case may be, in addition to the offer.

(5)

For the avoidance of any doubt, the making of or acceptance of an offer of compromise under this Order does not affect the operation of the following concerning the awarding of costs—

(a)

section 105 of the Act; and

(b)

any regulations made under section 105 of the Act.

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