- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Rule 6(h)
36.16.—(1) Where this Section applies Section I does not apply.
(2) This Section applies to an offer to settle where the parties have followed the RTA Protocol and started proceedings under Part 8 in accordance with Practice Direction 8B (“the Stage 3 Procedure”).
(3) A reference to the “Court Proceeding Pack Form” is a reference to the form used in the RTA Protocol.
(4) Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with this Section, it will not have any costs consequences.
36.17.—(1) An offer to settle which is made in accordance with this rule is called an RTA Protocol offer.
(2) An RTA Protocol offer must—
(a)be set out in the Court Proceedings Pack (Part B) Form; and
(b)contain the final total amount of the offer from both parties.
36.18. The RTA Protocol offer is deemed to be made on the first business day after the Court Proceedings Pack (Part A and Part B) Form is sent to the defendant.
36.19. An RTA Protocol offer—
(a)is treated as exclusive of all interest; and
(b)has the consequences set out in this Section only in relation to the fixed costs of the Stage 3 Procedure as provided for in rule 45.29, and not in relation to the costs of any appeal from the final decision of those proceedings.
36.20.—(1) The amount of the RTA Protocol offer must not be communicated to the court until the claim is determined.
(2) Any other offer to settle must not be communicated to the court at all.
(3) Once the claim is determined, the court will examine the RTA Protocol offer.
36.21.—(1) This rule applies where, on the determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—
(a)less than or equal to the amount of the defendant’s RTA Protocol offer;
(b)more than the defendant’s RTA Protocol offer but less than the claimant’s RTA Protocol offer; or
(c)equal to or more than the claimant’s RTA Protocol offer.
(2) Where paragraph (1)(a) applies, the court will order the claimant to pay—
(a)the fixed costs in rule 45.38; and
(b)interest on those fixed costs from the first business day after the deemed date of the RTA Protocol offer under rule 36.18.
(3) Where paragraph (1)(b) applies, the court will order the defendant to pay the fixed costs in rule 45.32.
(4) Where paragraph (1)(c) applies, the court will order the defendant to pay—
(a)interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule 36.18;
(b)the fixed costs in rule 45.32; and
(c)interest on those costs at a rate not exceeding 10% above base rate.
36.22. For the purposes of rule 36.21(1)(a) the amount of the judgment is less than the RTA Protocol offer where the judgment is less than that offer once deductible amounts identified in the judgment are deducted.
(‘Deductible amount’ is defined in rule 36.15(1)(d).)”
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: