112Presumption of order for costs if settlement offer is rejected

112 Presumption of order for costs if settlement offer is rejected (1) This section applies if— (a) a party to a proceeding (other than a proceeding for review of a decision) gives another party an offer in writing to settle the proceeding; and (b) the other party does not accept the offer within the time the offer is open; and (c) the offer complies with sections 113 and 114; and (d) in the opinion of the Tribunal, the orders made by the Tribunal in the proceeding are not more favourable to the other party than the offer. (2) If this section applies and unless the Tribunal orders otherwise, a party who made an offer referred to in subsection (1)(a) is entitled to an order that the party who did not accept the offer pay all costs incurred by the offering party after the offer was made. (3) In determining whether its orders are or are not more favourable to a party than an offer, the Tribunal— (a) must take into account any costs it would have ordered on the date the offer was made; and (b) must disregard any interest or costs it ordered in respect of any period after the date the offer was received. S. 112(4) inserted by No. 6/2025 s. 182. (4) This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.