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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 32. | Recommendation 38 Proposal 15 (for introducing sanctioned offers and payments along the lines of CPR 36) should be adopted as modified and supplemented by Recommendations 39 to 43. |
RHC Order 22 New Order 22A New Order 62A Appendix A Consequential Amendments Orders 29, 34, 59, 62, 75, 80, 82 and 92 |
Rules 79-90 | ||||
| 33. | Recommendation 39 The defendant's position under Order 22 should in substance be preserved, but with the addition of the relevant ancillary provisions found in CPR 36. |
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| 34. | Recommendation 40 While parties should be encouraged to settle their disputes by negotiation, offers made before commencement of the proceedings should not qualify as sanctioned offers, save to the extent that a pre-action protocol which has been adopted in relation to particular specialist list proceedings provides otherwise in respect of such specialist list proceeding. |
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| 35. | Recommendation 41 A sanctioned offer or payment should be required to remain open for acceptance for 28 days after it is made (such 28 day period falling before commencement of the trial), unless leave is granted by the court for its earlier withdrawal. Thereafter, the offer could be withdrawn and if not, would continue to be capable of acceptance. |
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| 36. | Recommendation 42 The rules should make it clear that the court will continue to exercise its discretion as to costs in relation to any offers of settlement which do not meet the requirements to qualify as sanctioned offers. |
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| 37. | Recommendation 43 The rules should make it clear that a plaintiff may qualify for an award of additional interest along the lines of Part 36 where he makes a sanctioned offer which satisfies the prescribed requirements, but not otherwise. |
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| 38. | Recommendation 132 procedure for making sanctioned offers and payments should be extended to pending costs taxations, save in relation to legally-aided parties. |
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