UCPR Rules 7 (Ending Proceedings Early, Offers to Settle) (280-357)

Question 1

Rule 280

Answer 1

280
Default by plaintiff or applicant

(1)If—
(a)the plaintiff or applicant is required to take a step required by these rules or comply with an order of the court within a stated time; and
(b)the plaintiff or applicant does not do what is required within the time stated for doing the act;
a defendant or respondent in the proceeding may apply to the court for an order dismissing the proceeding for want of prosecution.

(2)The court may dismiss the proceeding or make another order it considers appropriate.

(3)An order dismissing the proceeding for want of prosecution may be set aside only on appeal or if the parties agree to it being set aside.

(4)Despite subrule (3), the court may vary or set aside an order dismissing the proceeding for want of prosecution made in the absence of the plaintiff or applicant, on terms the court considers appropriate, and without the need for an appeal.

Question 2

Rule 292

Answer 2

292
Summary judgment for plaintiff

(1)A plaintiff may, at any time after a defendant files a notice of intention to defend, apply to the court under this part for judgment against the defendant.

(2)If the court is satisfied that—
(a)the defendant has no real prospect of successfully defending all or a part of the plaintiff’s claim; and
(b)there is no need for a trial of the claim or the part of the claim;
the court may give judgment for the plaintiff against the defendant for all or the part of the plaintiff’s claim and may make any other order the court considers appropriate.

Question 3

Rule 293

Answer 3

293
Summary judgment for defendant

(1)A defendant may, at any time after filing a notice of intention to defend, apply to the court under this part for judgment against a plaintiff.

(2)If the court is satisfied—
(a)the plaintiff has no real prospect of succeeding on all or a part of the plaintiff’s claim; and
(b)there is no need for a trial of the claim or the part of the claim;
the court may give judgment for the defendant against the plaintiff for all or the part of the plaintiff’s claim and may make any other order the court considers appropriate.

Question 4

Rule 352

Answer 4

352
Definitions for pt 5

In this part—
offer means an offer to settle made under this part.
proceeding means a proceeding—
(a)started by claim; or
(b)in which the court has made an order under rule 14 ordering the proceeding to continue as if started by claim; or
(c)started by originating application if an order or direction has been made for pleadings, or other documents defining the issues, to be filed and served.

Question 5

Rule 353

Answer 5

353
If offer available

(1)A party to a proceeding may serve on another party to the proceeding an offer to settle 1 or more of the claims in the proceeding on the conditions specified in the offer.

(2)A party may serve more than one offer.

(3)An offer must be in writing and must contain a statement that it is made under this part.

Question 6

Rule 354

Answer 6

354
Time for making offer

(1)An offer may be served—
(a)for a jury trial of a proceeding started by claim—at any time before a verdict is returned; and
(b)otherwise—at any time before final relief is granted.

(2)However, if an account is claimed in the first instance or if a claim involves taking an account, an offer may be served at any time before the certificate under rule 540 becomes final and binding.

(3)Further, if there is a judgment conditional on the assessment of damages, an offer may be served at any time before the damages are assessed.

Question 7

Rule 355

Answer 7

355
Withdrawal or end of offer

(1)A party must specify in an offer a period, ending not less than 14 days after the day of service of the offer, during which the offer is open for acceptance, and the offer may not be withdrawn during that period without the court’s leave.

(2)An offer expressed to be open for acceptance for a specified period lapses at the end of the period.

(3)The court may, at any time within which an offer is open for acceptance, give leave to a party to withdraw the offer, but the offer may be accepted at any time before the application for leave to withdraw it is decided.

(4)An application for leave to withdraw an offer may be made without notice to another party.

(5)Subrule (2) has effect even though, at the end of the period for accepting the offer, an application for leave to withdraw it has not been decided by the court.

(6)The court may not, despite another provision of these rules, extend the time for accepting an offer.

Question 8

Rule 356

Answer 8

356
Effect of offer

An offer made under this part is taken to be an offer made without prejudice.

Question 9

Rule 357

Answer 9

357
Disclosure of offer

(1)Subject to rule 365, no statement of the fact that an offer has been made may be contained in a pleading or affidavit.

(2)An offer must not be filed.

(3)If an offer is not accepted, no communication about the offer may be made to the court at the trial or hearing of the proceeding until all questions of liability and the relief to be given, other than costs, have been decided.

(4)Subrule (1) does not apply to an affidavit in support of an application for leave to withdraw an offer.

(5)After an application for leave to withdraw an offer is decided, the court must—
(a)place the application and any affidavits that contain a statement of the fact that an offer has been made in a sealed container, for example, an envelope; and
(b)mark the container with the court file number; and
(c)mark the container ‘Not to be opened without an order of the court’; and
(d)file the container in the court.

(6)The container may be opened only if the court orders it to be opened.

(7)No fee is payable for filing the container.