Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 3 : Enforcement Committee Procedures

Offers to Settle

26. Costs consequences of acceptance of a settlement offer
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(1) Subject to sub-rules 26 (4) and 26 (5) of Schedule 1, where a settlement offer is accepted within the relevant period, the claimant is entitled to the relevant costs of the proceedings up to the date on which notice of acceptance of the settlement offer was served on the offeror.

 

(2) Subject to sub-rules 26 (4) of Schedule 1, where a settlement offer is accepted after the expiry of the relevant period, unless the parties have agreed the liability for costs or the Enforcement Committee otherwise directs—
(a) the applicant is entitled to the relevant costs of the proceedings up to the date on which the relevant period expired; and
(b) the offeree is liable for the offeror’s relevant costs for the period from the date of expiry of the relevant period to the date on which notice of acceptance was served on the offeror.

 

(3) The relevant costs for the purposes of sub-rules 26 (1) and 26 (2) of Schedule 1 are the costs related to the proceedings against the respondents making or accepting the settlement offer, except where sub-rule 23 (11)(a) of Schedule 1 applies when they are the costs of the proceedings against all respondents.

 

(4) Where—
(a) a settlement offer made less than 21 (twenty-one) days before the start of the substantive hearing of the claim is accepted; or
(b) subject to sub-rule 26 (5) of Schedule 1, a settlement offer which does not relate to the whole of the claim is accepted at any time, the Enforcement Committee shall make an order as to costs unless the parties have agreed the liability for costs.

 

(5) Where—
(a) a respondent’s settlement offer relates to part only of the case; and
(b) at the time of serving notice of acceptance within the relevant period the applicant abandons the balance of the claim, the claimant is only entitled to the costs of such part of the claim unless the Enforcement Committee otherwise directs.