141Consequences of not bettering offers or payments

141 Consequences of not bettering offers or payments

(1)  In making an order as to costs at a trial, the Court may take the following into account:

(a) an offer of compromise;

(b) a payment into Court;

(c) a refusal or failure to accept an offer or payment.

(2)  [Rule 141 Subrule (2) substituted by S.R. 2003, No. 17, Applied:09 Apr 2003] Unless the Court orders otherwise, if a claimant obtains final judgment for a sum of money equal to or less than the amount of any offer or payment by the defendant –

(a) the claimant is only entitled to costs for a period up to 14 days after the date of service of the offer or the date of the payment into Court; and

(b) following the expiration of that period, the defendant is entitled to costs on the scale applicable to the amount claimed by the claimant.

(3)  Subrule (2) does not apply if an offer of compromise is withdrawn.