36.12 Effect of acceptance where there are more than two parties

--(1) Where-

----(a) there is more than one defendant whom the claimant says are jointly and severally, or severally, liable;

----(b) the claimant agrees to settle the claim as against one or more, but not all of them; and

----(c) the claimant discontinues his claim against any other defendant,

--the claimant is liable to pay the costs of that defendant unless the court otherwise orders.

--(2) Where a claimant accepts an offer made by one of a number of joint defendants-

----(a) paragraph (1) shall not apply; and

----(b) the defendant who made the offer is liable for the costs of the other joint defendants.

--(3) Where-

----(a) there is more than one claimant; and

----(b) one or more, but not all, of them agree to settle,

--the others may continue the proceedings.

Notes

Back to Part (36. Offers to Settle)

Page updated

Google Sites

Report abuse