142Cost penalty for inadequate offer

142 Cost penalty for inadequate offer

(1)  [Rule 142 Subrule (1) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] This rule applies to costs in an action where no offer of compromise is filed or payment into court made or in which a party obtains final judgment, other than by consent, for an amount that is 200% or more than an offer of compromise under rule 89 or a payment into Court made on the operative date.

(2)  Unless the Court orders otherwise, the costs to which a party is entitled are to be calculated in accordance with the following formula:

where –

C is the costs to which the party is entitled;

P is the costs of the party, as agreed or assessed;

J is the sum of money awarded by the judgment, exclusive of costs and interest;

A is the amount contained in the offer or the payment.

(3)  If an offer or payment is not filed or made, "A" is zero.

(4)  [Rule 142 Subrule (4) omitted by S.R. 2003, No. 17, Applied:09 Apr 2003] .  .  .  .  .  .  .  .  

(5)  If this rule and rule 143 apply to the same action, neither rule has effect.