On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/05/2013.
ORDER 22A
OFFER TO SETTLE
1. A party to any proceedings may serve on any other party an offer to settle any one or more of the claims in the proceedings on the terms specified in the offer to settle. The offer to settle shall be in Form 33.
2. An offer to settle may be made at any time before the Court disposes of the matter in respect of which it is made.
3.
—(1) An offer to settle shall be open for acceptance for a period of not less than 14 days after it is served. If an offer to settle is made less than 14 days before the hearing of the matter, it shall remain open for a period of not less than 14 days unless in the meanwhile the matter is disposed of.
(2) Subject to paragraph (1), an offer to settle which is expressed to be limited as to the time within which it is open for acceptance shall not be withdrawn within that time without the leave of the Court. An offer to settle which does not specify a time for acceptance may be withdrawn at any time after the expiry of 14 days from the date of service of the offer on the other party provided that at least one day’s prior notice of the intention to withdraw the offer is given.
(3) The notice of withdrawal of the offer shall be in Form 34.
(4) Where an offer to settle specifies a time within which it may be accepted and it is not accepted or withdrawn within that time, it shall be deemed to have been withdrawn when the time expires.
(5) Where an offer to settle does not specify a time for acceptance, it may be accepted at any time before the Court disposes of the matter in respect of which it is made.
4. An offer to settle shall be deemed to be an offer of compromise made without prejudice save as to costs.
5.
—(1) An offer to settle shall not be filed and no statement of the fact that such an offer has been made shall be contained in any pleading or affidavit.
(2) Where an offer to settle is not accepted, no communication respecting the offer shall be made to the Court at the hearing of the proceeding until all questions of liability and the relief to be granted, other than costs, have been determined.
6.
—(1) An offer to settle shall be accepted by serving an acceptance of offer in Form 35 on the party who made the offer.
(2) Where a party to whom an offer to settle is made rejects the offer or responds with a counter-offer that is not accepted, the party may thereafter accept the original offer to settle, unless it has been withdrawn or the Court has disposed of the matter in respect of which it was made.
(3) Where an offer is accepted, the Court may incorporate any of its terms into a judgment.
7. A party under disability may make, withdraw and accept an offer to settle, but no acceptance of an offer made by him and no acceptance by him of an offer made by another party is binding on him until the settlement has been approved as provided in Order 76, Rule 10.
8.
—(1) Where a party to an accepted offer to settle fails to comply with any of the terms of the accepted offer, the other party may —
(a)
make an application to a judge for judgment in the terms of the accepted offer, and the judge may grant judgment accordingly; or
(b)
continue the proceeding as if there had been no accepted offer to settle.
(2) Where the offer to settle involves the payment of money by instalments, the accepted offer to settle shall unless the parties otherwise provide be deemed to include a term that all instalments outstanding shall be immediately payable upon the failure to comply with the payment of any instalment.
9.
—(1) Where an offer to settle made by a plaintiff —
(a)
is not withdrawn and has not expired before the disposal of the claim in respect of which the offer to settle is made; and
(b)
is not accepted by the defendant, and the plaintiff obtains a judgment not less favourable than the terms of the offer to settle,
the plaintiff is entitled to costs on the standard basis to the date an offer to settle was served and costs on the indemnity basis from that date, unless the Court orders otherwise.
(2) Where an accepted offer to settle does not provide for costs —
(a)
where the offer was made by the plaintiff, he will be entitled to his costs assessed to the date that the notice of acceptance was served;
(b)
where the offer was made by the defendant, the plaintiff will be entitled to his costs assessed to the date he was served with the offer, and the defendant will be entitled to his costs from the date 14 days after the date of the service of the offer assessed up to the date that the notice of acceptance was served.
(3) Where an offer to settle made by a defendant —
(a)
is not withdrawn and has not expired before the disposal of the claim in respect of which the offer to settle is made; and
(b)
is not accepted by the plaintiff, and the plaintiff obtains judgment not more favourable than the terms of the offer to settle,
the plaintiff is entitled to costs on the standard basis to the date the offer was served and the defendant is entitled to costs on the indemnity basis from that date, unless the Court orders otherwise.
(4) (a) Any interest awarded in respect of the period before service of the offer to settle is to be considered by the Court in determining whether the plaintiff’s judgment is more favourable than the terms of the offer to settle.
(b) Any interest awarded in respect of the period after service of the offer to settle is not to be considered by the Court in determining whether the plaintiff’s judgment is more favourable than the terms of the offer to settle.
(5) Without prejudice to paragraphs (1), (2) and (3), where an offer to settle has been made, and notwithstanding anything in the offer to settle, the Court shall have full power to determine by whom and to what extent any costs are to be paid, and the Court may make such a determination upon the application of a party or of its own motion.
10. Where there are 2 or more defendants, the plaintiff may offer to settle with any defendant and any defendant may offer to settle with the plaintiff, but where the defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a claim and rights of contribution or indemnity may exist between the defendants, the cost consequences prescribed by Rule 9 do not apply to an offer to settle unless —
(a)
in the case of an offer made by the plaintiff, the offer is made to all the defendants, and is an offer to settle the claim against all the defendants; or
(b)
in the case of an offer made to the plaintiff —
(i)
the offer is an offer to settle the plaintiff’s claim against all the defendants and to pay the costs of any defendant who does not join in making the offer; or
(ii)
the offer is made by all the defendants and is an offer to settle the claim against all the defendants, and, by the terms of the offer, they are made jointly and severally liable to the plaintiff for the whole of the offer.
11.
—(1) Where 2 or more defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a claim, any defendant may make to any other defendant an offer to contribute in Form 36 towards a settlement of the claim.
(2) The Court may take into account an offer to contribute in determining whether another defendant should be ordered —
(a)
to pay the costs of the defendant who made the offer; or
(b)
to indemnify the defendant who made the offer for any costs he is liable to pay to the plaintiff,
or to do both.
(3) Rules 2 to 12 shall apply to an offer to contribute as if it were an offer to settle.
12. Without prejudice to Rules 9 and 10, the Court, in exercising its discretion with respect to costs, may take into account any offer to settle, the date the offer was made, the terms of the offer and the extent to which the plaintiff’s judgment is more favourable than the terms of the offer to settle.