NSW Does a defendant have to acknowledge a settlement offer

[Jaywoo220]

Does a defendant have to formally acknowledge settlement offer on writing?

What are the obligations under UCPR'?

 

[Atticus]

The defendant being the offoree?

(4) An offeree must, within 3 days after service, serve a written acknowledgment of receipt on the offeror.

SOURCE >>> UNIFORM CIVIL PROCEDURE RULES 2005 - REG 47.14 Time for making or accepting offer

 

[Docupedia]

The defendant being the offoree?

(4) An offeree must, within 3 days after service, serve a written acknowledgment of receipt on the offeror.

SOURCE >>> UNIFORM CIVIL PROCEDURE RULES 2005 - REG 47.14 Time for making or accepting offer

That's under Part 47 'Matters arising under the Commercial Arbitration Act 2010' - I don't think it's relevant.

I think regs 20.25 to 20.32 under Part 20 are more relevant. I don't see any onus to acknowledge an offer in there.

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.26 Making of offer

www.austlii.edu.au

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 20.27 Acceptance of offer

www.austlii.edu.au

 

[Jaywoo220]

Thanks fellas. Yes atticus, I made the offer.

Other question, when should UCPR form statement of particulars - personal injury be filed? The defendant has requested it filed before he files a defence when he asked in his further and better particulars. I told him to file defence first. Any suggestions?

 

[Atticus]

That's under Part 47 'Matters arising under the Commercial Arbitration Act 2010' - I don't think it's relevant.

I agree ... I was a little hasty

 

[Tim W]

You're a plaintiff making an offer to settle?
Why ever would a defendant, confident of either or both of
the weakness of your claim, or the strength of their defence,
trouble to accept it?

 

[Atticus]

Good point ^^^^

 

[Jaywoo220]

Risk
Costs
Resolution

 

[Jaywoo220]

So a plaintiff has never made a settlement offer?

 

[Tim W]

Risk
Costs
Resolution

Risk - Risk of what? Remember, you started this.

Costs - When you lose (in court), you will pay their costs as well as your own.
If you were somebody who took advice, then you would be well advised
to start preparing for that situation now.
The lawyers you patently cannot afford would likely tell you
to try not to pick a fight that you, literally, cannot afford to lose.

Resolution - Remember, you "started" this.
On that basis, any resolution must necessarily involve
you unconditionally withdrawing your claim,
paying their costs to date, agreeing never to try to sue again, signing a confidentiality agreement, and going away and being quiet, forever.