163. Unaccepted Part 18 Offers

(1) This rule applies where, upon judgment being entered —
(a) a claimant fails to obtain a judgment more advantageous than a defendant's Part 18 offer; or
(b) judgment against the defendant is at least as advantageous to the claimant as the proposals contained in the claimant's Part 18 offer.
(2) For the purposes of paragraph (1), in relation to any money claim or money element of a claim —
(a) "more advantageous" means better in money terms by any amount, however small; and
(b) "at least as advantageous" shall be construed accordingly.
(3) Subject to paragraph (4), where paragraph (1)(a) applies, the Court must, unless it considers it unjust to do so, order that the defendant is entitled to costs (including any recoverable pre-action costs) from the date on which the relevant period expired and interest on those costs.
(4) Subject to paragraph (5), where paragraph (1)(b) applies, the Court must, unless it considers it unjust to do so, order that the claimant is entitled to —
(a) interest on the whole or part of any sum of money (excluding interest) awarded, at such rate as the Court thinks fit for some or all of the period starting with the date on which the relevant period expired;
(b) together with costs (including any recoverable pre-action costs) on the indemnity basis from the date on which the relevant period expired; and
(c) interest on those costs at such rate as the Court thinks fit.
(5) Paragraphs (3) and (4) do not apply to a Part 18 offer which has been withdrawn, which has been changed so that its terms are less advantageous to the offeree where the offeree has beaten the less advantageous offer, or which was made less than 21 days before trial unless the Court has abridged the relevant period.
Amended on June 1, 2017