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Formal offers.
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17.—(1) The plaintiff in a personal injuries action shall, after the prescribed date, serve a notice in writing of an offer of terms of settlement on the defendant.
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(2) The defendant in a personal injuries action shall, after the prescribed date, serve a notice in writing on the plaintiff—
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(a) of an offer of terms of settlement, or
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(b) stating that he or she is not prepared to pay any sum of money to the plaintiff in settlement of the action.
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(3) A copy of a formal offer shall, after the expiration of the prescribed period be lodged in court by, or on behalf of, the plaintiff or defendant, as the case may be.
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(4) The terms of a formal offer shall not be communicated to the judge in the trial of a personal injuries action until after he or she has delivered judgment in the action.
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(5) The court shall, when considering the making of an order as to the payment of the costs in a personal injuries action have regard to—
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(a) the terms of a formal offer, and
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(b) the reasonableness of the conduct of the parties in making their formal offers.
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(6) This section is in addition to and not in substitution for any rule of court providing for the payment into court of a sum of money in satisfaction of a cause of action or the making of an offer of tender of payment to the other party or parties to an action.
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(7) In this section—
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“formal offer” means an offer under subsection (1) or (2)(a), or a statement under subsection (2)(b);
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“prescribed date” means such date before the date of the commencement of the trial of the personal injuries action concerned as is prescribed by order of the Minister;
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“prescribed period” means such period commencing on the prescribed date as is prescribed by order of the Minister.
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