1005Failure to comply with accepted offer

1005 Failure to comply with accepted offer (1) If the plaintiff, as a party to an accepted offer, fails to comply with the terms of the offer, the defendant is entitled— (a) to a judgment or order that is appropriate to give effect to the terms of the accepted offer; or (b) to an order that the proceedings be dismissed, and to judgment accordingly, as the defendant elects, unless the court orders otherwise.

Rule 1006 (2) If the defendant, as a party to an accepted offer, fails to comply with the terms of the offer, the plaintiff is entitled— (a) to a judgment or order that is appropriate to give effect to the terms of the accepted offer; or (b) to an order that the defence be struck out, and to judgment accordingly, as the plaintiff elects, unless the court orders otherwise. (3) If a party to an accepted offer fails to comply with the terms of the offer, and a defendant in the proceedings has made a counterclaim that is not the subject of the accepted offer, the court— (a) may make an order or give a judgment under this rule; and (b) may make an order as to the further conduct of proceedings on the counterclaim it considers appropriate.