288Failure to comply with accepted offer

### 288 Failure to comply with accepted offer > > (1)  If a party to an accepted offer of compromise fails to comply with the terms of the offer within 14 days of its acceptance, the other party, at his or her election, is entitled to – > > > > > > (a) judgment in terms of the offer together with costs in accordance with [rule 284](#GS284@EN) and costs of the judgment; or > > > > > > > (b) if the party in default is the plaintiff, an order that the proceeding be dismissed and the plaintiff pay the defendant's costs; or > > > > > > > (c) if the party in default is the defendant, an order that the defence be struck out and the defendant pay the plaintiff's costs. > > > (2)  [Subrule (1)](#GS288@Gs1@EN) does not apply – > > > > > > (a) to an offer by a party to accept or concede a proportion of the other party's claim; or > > > > > > > (b) if, for any special cause, the Court or a judge otherwise orders. > > > (3)  If a party to an accepted offer of compromise fails to comply with the terms of the offer, the Court or a judge may make any order or give any judgment that the Court or judge thinks fit concerning the continuation of any proceeding, claim or counterclaim that is not the subject of the accepted offer. > > > (4)  The Court or a judge may set aside a judgment entered under [subrule (1)(b)](#GS288@Gs1@Hpb@EN) or [(c)](#GS288@Gs1@Hpc@EN) on any terms that the Court or judge thinks fit.