This rule may be cited as the Uniform Civil Procedure (Offers to Settle) Amendment Rule 2023.
This rule amends the Uniform Civil Procedure Rules 1999.
3Replacement of r 360 (Costs if offer by plaintiff)
Rule 360—
omit, insert—360Costs if offer by plaintiff
(1)This rule applies if—(a)the plaintiff makes an offer that is not accepted by the defendant; and(b)the plaintiff obtains an order no less favourable than the offer; and(c)the court is satisfied that the plaintiff was at all material times willing and able to carry out what was proposed in the offer.(2)Unless the defendant shows another order for costs is appropriate in the circumstances, the court must order the defendant to pay the plaintiff’s costs—(a)calculated on the standard basis, up to and including the day of service of the offer; and(b)calculated on the indemnity basis, after the day of service of the offer.
4Amendment of r 361 (Costs if offer by defendant)
(1)Rule 361, heading, after ‘defendant’—
insert——order obtained by plaintiff
(2)Rule 361(1) and (2)—
omit, insert—(1)This rule applies if—(a)the defendant makes an offer that is not accepted by the plaintiff; and(b)the plaintiff obtains an order that is less favourable to the plaintiff than the offer; and(c)the court is satisfied that the defendant was at all material times willing and able to carry out what was proposed in the offer.(2)Unless a party shows another order for costs is appropriate in the circumstances—(a)the court must—(i)order the defendant to pay the plaintiff’s costs, calculated on the standard basis, up to and including the day of service of the offer; and(ii)order the plaintiff to pay the defendant’s costs, calculated on the indemnity basis, after the day of service of the offer; and(b)the plaintiff is not entitled to any costs after the day of service of the offer.(3)Rule 361(4)—
omit.
After rule 361—
insert—361A Costs if offer by defendant—dismissal of plaintiff’s proceeding
(1)This rule applies if—(a)the defendant makes an offer that is not accepted by the plaintiff; and(b)the plaintiff’s proceeding is dismissed; and(c)the court is satisfied that the defendant was at all material times willing and able to carry out what was proposed in the offer.(2)Unless a party shows another order for costs is appropriate in the circumstances, the court must order the plaintiff to pay the defendant’s costs—(a)calculated on the standard basis, up to and including the day of service of the offer; and(b)calculated on the indemnity basis, after the day of service of the offer.
Chapter 24—
insert—1003 Costs in relation to offers to settle
(1)Rules 360 and 361, as in force immediately before the commencement, continue to apply in relation to an offer made before the commencement as if the Uniform Civil Procedure (Offers to Settle) Amendment Rule 2023 had not commenced.(2)Rules 360, 361 and 361A, as in force from the commencement, apply only in relation to an offer made after the commencement.