sec.51CParties to exchange mandatory final offers if claim not settled at compulsory conference

### sec.51C Parties to exchange mandatory final offers if claim not settled at compulsory conference If a claim is not settled at the compulsory conference, each party must (unless the court has dispensed with this obligation) exchange written final offers— at the conference; or if the conference has been dispensed with—within 14 days after the date of the agreement or order dispensing with the conference. A written final offer required under subsection (1) is called a mandatory final offer . A mandatory final offer for the upper offer limit or less is to be exclusive of costs. If a mandatory final offer is for more than the lower offer limit but not more than the upper offer limit, and is accepted, costs are to be calculated and paid on a basis (but subject to limits) stated under a regulation. Even though an insurer denies liability altogether, the insurer must nevertheless make a mandatory final offer but, in that event, the offer is to be expressed as an offer of $nil. A mandatory final offer must remain open for 14 days and proceedings must not be started while the offer remains open. If the claimant brings a proceeding in a court based on a claim, the claimant must, at the start of the proceeding, file at the court a sealed envelope containing a copy of the claimant’s mandatory final offer. The insurer must, before or at the time of filing a defence, file at the court a sealed envelope containing a copy of the insurer’s mandatory final offer. The court must not read the mandatory final offers until it has decided the claim. However, the court must (where relevant) have regard to the mandatory final offers in making a decision about costs. The court may, on application by a party, dispense with the obligation to make mandatory final offers. s 51C ins 2000 No. 17 s 29 amd 2010 No. 9 s 33 ; 2019 No. 36 s 32 sch 1 (sec.51C-ssec.1) If a claim is not settled at the compulsory conference, each party must (unless the court has dispensed with this obligation) exchange written final offers— at the conference; or if the conference has been dispensed with—within 14 days after the date of the agreement or order dispensing with the conference. (sec.51C-ssec.2) A written final offer required under subsection (1) is called a mandatory final offer . (sec.51C-ssec.3) A mandatory final offer for the upper offer limit or less is to be exclusive of costs. (sec.51C-ssec.4) If a mandatory final offer is for more than the lower offer limit but not more than the upper offer limit, and is accepted, costs are to be calculated and paid on a basis (but subject to limits) stated under a regulation. (sec.51C-ssec.5) Even though an insurer denies liability altogether, the insurer must nevertheless make a mandatory final offer but, in that event, the offer is to be expressed as an offer of $nil. (sec.51C-ssec.6) A mandatory final offer must remain open for 14 days and proceedings must not be started while the offer remains open. (sec.51C-ssec.7) If the claimant brings a proceeding in a court based on a claim, the claimant must, at the start of the proceeding, file at the court a sealed envelope containing a copy of the claimant’s mandatory final offer. (sec.51C-ssec.8) The insurer must, before or at the time of filing a defence, file at the court a sealed envelope containing a copy of the insurer’s mandatory final offer. (sec.51C-ssec.9) The court must not read the mandatory final offers until it has decided the claim. (sec.51C-ssec.10) However, the court must (where relevant) have regard to the mandatory final offers in making a decision about costs. (sec.51C-ssec.11) The court may, on application by a party, dispense with the obligation to make mandatory final offers. - (a) at the conference; or - (b) if the conference has been dispensed with—within 14 days after the date of the agreement or order dispensing with the conference.