90Where offer not accepted and judgment as or less favourable to plaintiff

#### 90 Where offer not accepted and judgment as or less favourable to plaintiff 90 Where offer not accepted and judgment as or less favourable to plaintiff > > (1) This clause applies if the offer concerned is made by the defendant, but not accepted by the plaintiff, and the plaintiff obtains an order or judgment on the claim concerned as favourable to the plaintiff, or 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— > > > > > (a) the plaintiff is entitled to an order against the defendant for the plaintiff’s costs in respect of the claim, to be assessed on a party and party basis, up to the time from which the defendant becomes entitled to costs under paragraph (b), and > > > > > (b) the defendant is entitled to an order against the plaintiff for the defendant’s costs in respect of the claim, 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.