PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 39
Parties to exchange mandatory final offers if claim not settled at compulsory conference
PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 39
Parties to exchange mandatory final offers if claim not settled at compulsory conference
39 Parties to exchange mandatory final offers if claim not settled at
compulsory conference
(1) If the claim is not settled at the compulsory conference, the claimant and
a respondent must, unless the court has dispensed with this obligation,
exchange written final offers—
(a) at the conference; or
(b) if the
conference has been dispensed with, within 14 days after the date of the
agreement or order dispensing with the conference.
(2) If there are 2 or more
respondents, the claimant may make a written final offer to settle with any
respondent, and any respondent may make a written final offer to settle with
the claimant.
(3) However, subsection (4) applies if—
(a) the claimant
agrees to make a written final offer to all of the respondents to settle the
claim as against all of the respondents; and
(b) all of the respondents agree
to make a written joint final offer to the claimant to settle the claim as
against all of the respondents.
(4) If this subsection applies—
(a) the
claimant’s offer must be made to all of the respondents and is an offer to
settle the claim against all of the respondents; and
(b) the respondents’
offer must be made by all of the respondents to the claimant and is an offer
to settle the claim against all of the respondents.
(5) Respondents who make
an offer under subsection (3) are jointly and severally liable to the claimant
for the whole of the amount of the offer if the offer is accepted.
(6) A
written final offer required under this section is called a
"mandatory final offer" .
