89Where offer not accepted and judgment no less favourable to plaintiff

#### 89 Where offer not accepted and judgment no less favourable to plaintiff 89 Where offer not accepted and judgment no less favourable to plaintiff > > (1) This clause applies if the offer concerned is made by the plaintiff, but not accepted by the defendant, and the plaintiff obtains an order or judgment on the claim concerned no less favourable to the plaintiff than the terms of the offer. > > > (2) Unless the Tribunal orders otherwise in an exceptional case and for the avoidance of substantial injustice, the plaintiff is entitled to an order against the defendant for the plaintiff’s costs in respect of the claim— > > > > > (a) assessed on a party and party basis up to the time from which those costs are to be assessed on an indemnity basis under paragraph (b), and > > > > > (b) assessed on an indemnity basis— > > > > > > > (i) if the offer was made before the first day of the trial, as from the beginning of the day following the day on which the offer was made, and > > > > > > > (ii) if the offer was made on or after the first day of the trial, as from 11 am on the day following the day on which the offer was made. > > > (3) If the Tribunal in an exceptional case and for the avoidance of substantial injustice otherwise orders as referred to in subclause (2), the Tribunal must give its reasons for so ordering.