(1) The general rule for defendants' offers is that, if the defendant makes an offer to settle which is not accepted and in —
(a) the case of an offer to settle a claim for damages – the court awards less than 85% of the amount of the defendant's offer; or
(b) any other case– the court considers that the claimant acted unreasonably in not accepting the defendant's offer,
the claimant must pay any costs incurred by the defendant after the latest date on which the offer could have been accepted without the court's permission.
(2) If a claimant makes an offer to settle and in —
(a) the case of an offer to settle a claim for damages – the court awards an amount which is equal to or more than the amount of the offer; or
(b) any other case– the court considers that the defendant acted unreasonably in not accepting the claimant's offer,
the court may, make an award of interest as it deems fit taking into account all of the relevant circumstances of the case.
(3) The court may decide that the general rule under paragraph (1) is not to apply in a particular case.
(4) In deciding whether the general rule should not apply and in considering the exercise of its discretion under paragraph (2), the court may take into account the —
(a) conduct of the offeror and the offeree with regard to giving or refusing information for the purposes of enabling the offer to be made or evaluated;
(b) information available to the offeror and the offeree at the time that the offer was made;
(c) stage in the proceedings at which the offer was made; and
(d) terms of any offer.
(5) This rule applies to offers to settle at any time, including before proceedings were started.