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"ii) if Ann is offered £X out of court, but declines it, and the case goes to court and she's awarded £Y then she has to pay costs if £Y is less than £X. " Thi
by DannyBee 13y ago
"ii) if Ann is offered £X out of court, but declines it, and the case goes to court and she's awarded £Y then she has to pay costs if £Y is less than £X.
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This does actually occurs in some parts of the US legal system.
See, for example, California's section 998.
It varies from state to state, and in some cases, claim type to claim type.
- hkhanna 13y agoIt occurs in the federal court system as well. Fed. R. Civ. P. 68(d) Paying Costs After an Unaccepted Offer. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.