Law Weblog

Civil Procedure Rules (CPR) Part 36: Payments into court and offers to settle

As from 6 April 2007 defendants will no longer be required to make payments into court to attempt to shift the responsibility for costs to the claimant. The defendant must provided the proposal is in writing and specify that it is open for acceptance for at least 21 days.

What happens is; the defendant makes an offer, which the court is unaware of. If at trial the judge makes and award that is less than the offer the defendant pays costs from then on, if the judge makes an award less than the offer the claimant pays.