--(1) If the offeree accepts an offer which is not limited in accordance with rule 36.8 (offer to settle part of claim), the claim is stayed upon the terms of the offer.
--(2) If the offer covers a claim and a counterclaim, both the claim and the counterclaim are stayed on the terms of the offer.
--(3) In any other case the proceedings are stayed to the extent that they are covered by the terms of the offer.
--(4) If the court's approval is required for the settlement of the proceedings, any stay arising on the acceptance of the offer has effect only when the court gives its approval.
(Rule 23.12 deals with the settlement of proceedings involving minors and patients)
--(5) A stay arising on the acceptance of an offer does not affect proceedings to deal with any question of costs relating to the proceedings which have been stayed and not dealt with by the offer.
--(6) Where money has been paid into court in support of an offer, a stay arising out of the acceptance of the offer does not affect any proceedings to obtain payment out of court.
(Part 37 deals with payments into court)
--(7) Where an offer is accepted but its terms are not complied with, any stay arising on acceptance ceases to have effect and-
----(a) the proceedings or the part which was stayed may continue; and
----(b) either party may apply to the court to enforce those terms.
--(8) If a party claims damages for breach of contract arising from an alleged failure of another party to carry out the terms of an agreed offer, he may do so by applying to the court without the need to commence new proceedings unless the court orders otherwise.
Notes
Amended by Legal Notice 140 of 2000.
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