Pre-litigation offers
26.08.1 Pre-litigation offers
If—
a party, before a proceeding has commenced, has made an offer in writing to another party (whether or not expressed to be without prejudice) to compromise any claim on the terms specified in the offer; and
the offer was open to be accepted for a period of at least 7 days after the offer was made, but was not accepted; and
in a proceeding, the offeror obtains an order in respect of the claim no less favourable to the offeror than the terms of the offer—
the Court may take those matters into account in determining what order for costs to make in respect of the costs of the proceeding.
In exercising its discretion as to costs in accordance with paragraph (1), the Court may order that the offeree pay all or part of the offeror's costs of the proceeding fixed on the appropriate scale in Appendix A, as if the costs prescribed by that scale were increased by an amount not exceeding 50%, from—
the day the offer was made; or
the commencement of the proceeding; or
any other time that the Court thinks fit.
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