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ROYAL COURT OF
JERSEY
RC17/10
Offers to Settle
- Any party may make an
offer to settle all or any part of a dispute or any procedural application
at any time.
- Any offer must be in
plain English, must set out the terms of the offer clearly and must
identify the possible consequences for the other party if the offer is not
accepted including costs orders that may be made against the other party.
- The party making the
offer may reserve the right to refer to its offer in submissions to the
Court (including the Judicial Greffier) where any subsequent question of
costs arises whether on a procedural application or following a trial.
- Where the Court is asked
to take into account an offer to settle on a question of costs,
an offer to settle made in compliance with this practice direction will
generally have the same effect as a payment into court where the criteria
set out in Cole v The Chief Officer of The States of Jersey Police
[2008] JLR Note 47 have been met namely:-
- the offer must set out
the parts of the claim or counterclaim or issue to which it applies and whether
it takes account of any counterclaim and whether or not it includes
interest;
- the offer must be open
for a reasonable time;
- the offer must be
genuine and not a sham;
- the person making the
offer must be good for the money when the offer is made.
This practice
direction shall come into force on 1st June 2017.
Page Last Updated: 04 Apr 2017