17.—(1) The plaintiff in a personal injuries action shall, after the prescribed date, serve a notice in writing of an offer of terms of settlement on the defendant.

(2) The defendant in a personal injuries action shall, after the prescribed date, serve a notice in writing on the plaintiff—

(a) of an offer of terms of settlement, or

(b) stating that he or she is not prepared to pay any sum of money to the plaintiff in settlement of the action.

F7[(2A) Where a formal offer is made in respect of a personal injuries action relating to a catastrophic injury, the formal offer shall specify the proportion of the amount of the formal offer that is attributable to—

(a) the future medical treatment of the plaintiff,

(b) the future care of the plaintiff,

(c) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

(d) future loss of earnings of the plaintiff.]

(3) A copy of a formal offer shall, after the expiration of the prescribed period be lodged in court by, or on behalf of, the plaintiff or defendant, as the case may be.

(4) The terms of a formal offer shall not be communicated to the judge in the trial of a personal injuries action until after he or she has delivered judgment in the action.

(5) F8[Subject to subsection (5A), the court] shall, when considering the making of an order as to the payment of the costs in a personal injuries action have regard to—

(a) the terms of a formal offer, and

(b) the reasonableness of the conduct of the parties in making their formal offers.

F7[(5A) (a) Where a court has made a periodic payments order in a personal injuries action, the court shall, when considering the making of an order as to the payment of the costs in the personal injuries action, have regard to—

(i) the terms of any formal offer, other than those terms which relate to the matters referred to in paragraphs (a), (b), (c) and (d) of subsection (2A), and

(ii) the reasonableness of the conduct of the parties to the personal injuries action concerned in making any formal offers.

(b) In determining liability for the part of the costs of the personal injuries action relating to the matters referred to in paragraphs (a), (b), (c) and (d) of subsection (2A), the court shall have regard to—

(i) any offers not expressed to be without prejudice or in terms having like effect, and

(ii) any offers made without prejudice save as to the issue of costs which were made by or on behalf of a party to the personal injuries action after the commencement of the trial of the action, to effect a settlement of that action.]

(6) This section is in addition to and not in substitution for any rule of court providing for the payment into court of a sum of money in satisfaction of a cause of action or the making of an offer of tender of payment to the other party or parties to an action.

(7) In this section—

F7["catastrophic injury" has the same meaning as it has in Part IVB of the Civil Liability Act 1961;]

“formal offer” means an offer under subsection (1) or (2)(a), or a statement under subsection (2)(b);

F7["periodic payments order" has the same meaning as it has in Part IVB of the Civil Liability Act 1961;]

“prescribed date” means such date before the date of the commencement of the trial of the personal injuries action concerned as is prescribed by order of the Minister;

“prescribed period” means such period commencing on the prescribed date as is prescribed by order of the Minister.