Contents (2005 - 418)Skip to content
Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 7 August 2020 at 19:46)
51.48 Application of Division 3 of Part 42 to offers of compromise made in proceedings in Court
(1) If an offer of compromise is made under rule 51.47, Division 3 of Part 42 applies, subject to subrule (2), rule 51.49 and the following modifications—(a) rule 42.13 is to be read as if it provided that the Division applies where an offer of compromise (the offer concerned) is made as provided by rule 51.47 with respect to a plaintiff’s claim (the claim concerned),(b) a reference to a court is a reference to the Court,(c) a reference to proceedings is a reference to proceedings in the Court,(d) in the case of appeal proceedings—(i) a reference to the plaintiff is a reference to the party who was a plaintiff in the court below, and(ii) a reference to the defendant is a reference to the party who was a defendant in the court below,(e) in the case of proceedings in the Court other than appeal proceedings—(i) a reference to the plaintiff is a reference to the applicant, and(ii) a reference to the defendant is a reference to the respondent,(f) a reference to a trial is a reference to a hearing in the Court that is not limited to questions of practice or procedure,(g) a reference to a verdict for the defendant is a reference to a judgment for the defendant,(h) such other modifications as are necessary.(2) If the judgment does not permit the Court to determine whether a provision of Division 3 of Part 42 applies to an offer of compromise under rule 51.47 (for example, because the Court has ordered a retrial or remittal for assessment of damages)—(a) an order for costs must disregard the offer, and(b) where the Court has ordered a retrial or remittal for assessment of damages—(i) if the offer was made by the plaintiff below—the court below may make a further or different order under rule 42.14 with respect to the plaintiff’s costs in the Court, or(ii) if the offer was made by the defendant below—the Court may stay its order with respect to costs from the relevant date under rule 42.15(2)(b) or rule 42.15A(2)(b) (as appropriate) and the court below may make a further or different order, or lift the stay, as appropriate.