88Making of offer

88 Making of offer

88 Making of offer

(1) In any proceedings, any party may, by notice in writing, make an offer to any other party to compromise any claim in the proceedings, either in whole or in part, on specified terms.

Note.

This Part extends to offers between a cross-claimant and cross-defendant. An offer does not have to be made to all the parties to proceedings.

(2) An offer must be exclusive of costs, except where it states that it is a verdict for the defendant and that the parties are to bear their own costs.

(3) A notice of offer—

(a) must bear a statement to the effect that the offer is made in accordance with this clause, and

(b) if the party making the offer has made or been ordered to make an interim payment to the other party, must state whether or not the offer is in addition to the payment so made or ordered.

(4) An offer made by the plaintiff or the defendant to the other to compromise a claim (other than a claim removed from the claims resolution process under clause 20) may be expressed to be limited as to the time it is open to be accepted but the time expressed cannot be less than—

(a) 28 days after the offer is made if the offer is made before the required information exchange under Part 3, or

(b) 14 days after the offer is made if the offer is made after the required information exchange under Part 3 but before mediation of the claim under the claims resolution process has been concluded, or

(c) 7 days after the offer is made if the offer is made after mediation of the claim under the claims resolution process has been concluded.

(5) An offer made by the plaintiff or the defendant to the other to compromise any claim removed from the claims resolution process under clause 20 may be expressed to be limited as to the time it is open to be accepted but the time expressed cannot be less than—

(a) 14 days after the offer is made, unless paragraph (b) applies, or

(b) if the offer is made after an Issues and Listing Conference has been held in respect of the claim, 7 days after the offer is made.

(6) Unless the notice of offer otherwise provides, an offer providing for the payment of money, or the doing of any other act, is taken to provide for the payment of that money, or the doing of that act, within 28 days after acceptance of the offer.