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May 30 2016 - May 31 2017Jun 1 2017 onwards

PRACTICE DIRECTION 10 OFFERS TO SETTLE


Click here to view a PDF version of Practice Direction 10

Date issued: 30 May 2016

This Practice Direction is to be read with, and subject to, the ADGM Court Procedure Rules 2016. Except as provided otherwise in this Practice Direction, terms have the meanings set out in those Rules.

This Practice Direction deals with the following subjects:

A. OFFER BY ONE OR MORE, BUT NOT ALL, DEFENDANTS

B. PERSONAL INJURY CLAIMS

A. OFFER BY ONE OR MORE, BUT NOT ALL, DEFENDANTS

Offer by one or more, but not all, defendants [r.160(2)]
10.1. Without the permission of the Court, a claimant may accept a Part 18 offer made by one or more, but not all, defendants only if the offer relates to claims made against only those defendants and no other.
B. PERSONAL INJURY CLAIMS

Personal injury claims for future pecuniary loss [r.164(4)]
10.2. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury, the offer:
(a) must state the amount of any offer to pay or to accept the whole or part of any damages in the form of a lump sum;
(b) may state what part of the lump sum, if any, relates to damages for future pecuniary loss and what part, if any, relates to other damages to be paid or accepted in the form of a lump sum;
(c) must state what part of the offer relates to damages for future pecuniary loss to be paid or accepted in the form of periodical payments and must specify:
(i) the amount and duration of the periodical payments;
(ii) the amount of any payments for substantial capital purchases and when they are to be made;
(iii) whether the amount of any of those payments is to vary according to some identified index; and
(iv) how such damages are to be paid and how the continuity of their payment is to be secured.
Offer to settle a claim for provisional damages [r.165]
10.3. If an offeror makes a Part 18 offer proposing to settle a claim for damages for personal injury on terms that the settlement shall include an award of provisional damages the offer must contain the following information:
(a) what disease or deterioration the offeror proposes that the claimant should be assumed not to develop or suffer; and
(b) the period which, or the date from which the offeror proposes that a subsequent application for damages is to be made if the claimant develops that disease or suffers that type of deterioration.