Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 22

OFFERS TO SETTLE AND PAYMENTS INTO COURT

(Past version on 01/09/2000).

I.     PRELIMINARY


1. Interpretation (O. 22, r. 1)

(1) In this Order-

"claim" (申索) includes, where the context so permits or requires, a
counterclaim;

"counterclaim" (反申索) includes, where the context so permits or requires,
a claim;

"defendant" (被告人) includes, where the context so permits or requires, a
defendant to a counterclaim;

"offeree" (受提議者) means the party to whom an offer is made;

"offeror" (提議者) means the party who makes an offer;

"plaintiff" (原告人) includes, where the context so permits or requires, a
counterclaiming defendant;

"sanctioned offer" (附帶條款和解提議) means an offer made (otherwise
than by way of a payment into court) in accordance with this Order;

"sanctioned payment" (附帶條款付款) means an offer made by way of a
payment into court in accordance with this Order;

"sanctioned payment notice" (附帶條款付款通知書) means the notice
relating to a sanctioned payment required to be filed under rule 8(2).

(2) Where in an action the plaintiff makes more than one claim, a reference in
this Order to-

   (a)  the whole claim is to be construed as a reference to all the claims in
        their entirety;

   (b)  a part of a claim is to be construed as a reference to any one or more
        of the claims or a part of any one or more of the claims; and

   (c)  an issue arising from a claim is to be construed as a reference to an
        issue arising from one or more of the claims.

2. Offer to settle with specified
consequences (O. 22, r. 2)

(1) A party to an action containing a money claim or a non-money claim or both
arising from any cause or causes of action may make an offer to settle the
whole claim, a part of it or any issue arising from it in accordance with this
Order.

(2) An offer made under paragraph (1) may take into account any counterclaim
or set-off in the action.

(3) An offer made under paragraph (1) has the consequences specified in rules
20, 21, 22, 23 and 24 (as may be applicable).

(4) Nothing in this Order prevents a party from making an offer to settle in
whatever way he chooses, but if that offer is not made in accordance with this
Order, it does not have the consequences specified in this Order, unless
the Court so orders.

II.     MANNER OF MAKING SANCTIONED OFFER OR
SANCTIONED PAYMENT

3. Defendant's offer to settle
(O. 22, r. 3)

(1) An offer by a defendant to settle the whole or part of a claim or an issue
arising from the claim does not have the consequences specified in this Order
unless it is made by way of a sanctioned offer or a sanctioned payment or
both.

(2) Where an offer by a defendant involves a payment of money to the
plaintiff, the offer must be made by way of a sanctioned payment.

(3) A sanctioned payment may only be made after the proceedings have
commenced.

4. Plaintiff's offer to settle
(O. 22, r. 4)

An offer by a plaintiff to settle the whole or part of a claim or an issue
arising from the claim does not have the consequences specified in this Order
unless it is made by way of a sanctioned offer.

5. Form and content of sanctioned
offer (O. 22, r. 5)

(1) A sanctioned offer must be in writing.

(2) A sanctioned offer may relate to the whole claim or to part of it or to
any issue arising from it.

(3) A sanctioned offer must-

   (a)  state whether it relates to the whole claim or to part of it or to an
        issue arising from it and if so to which part or issue;

   (b)  state whether it takes into account any counterclaim or setoff; and

   (c)  if it is expressed not to be inclusive of interest, give the details
        relating to interest set out in rule 26(2).

(4) A defendant may make a sanctioned offer limited to accepting liability up
to a specified proportion.

(5) A sanctioned offer may be made by reference to an interim  payment.

(6) A sanctioned offer may be made at any time after the commencement of the
proceedings but may not be made before such commencement.

(7) A sanctioned offer made not less than 28 days before the commencement of
the trial must provide that after the expiry of 28 days from the date the
sanctioned offer is made, the offeree may only accept it if-

   (a)  the parties agree on the liability for costs; or

   (b)  the Court grants leave to accept it.

(8) A sanctioned offer made less than 28 days before the commencement of the
trial must provide that the offeree may only accept it if-

   (a)  the parties agree on the liability for costs; or

   (b)  the Court grants leave to accept it.

6. Service of sanctioned offer
(O. 22, r. 6)

An offeror shall serve the sanctioned offer-

   (a)  on the offeree; and

   (b)  where the offeree is an aided person, on the Director of Legal Aid.

7. Withdrawal or diminution of
sanctioned offer (O. 22, r. 7)

(1) A sanctioned offer made not less than 28 days before the commencement of
the trial may not be withdrawn or diminished before the expiry of 28 days from
the date the sanctioned offer is made unless the  Court grants leave to
withdraw or diminish it.

(2) A sanctioned offer made less than 28 days before the commencement of the
trial may be withdrawn or diminished if the Court grants leave to withdraw or
diminish it.

(3) If there is subsisting an application to withdraw or diminish a
sanctioned offer, the sanctioned offer may not be accepted unless the  Court
grants leave to accept it.

(4) If the Court dismisses an application to withdraw or diminish a
sanctioned offer or grants leave to diminish the sanctioned offer, it may by
order specify the period within which the sanctioned offer or diminished
sanctioned offer may be accepted.

(5) If a sanctioned offer is withdrawn, it does not have the consequences
specified in this Order.

8. Notice of sanctioned payment
(O. 22, r. 8)

(1) A sanctioned payment may relate to the whole claim or to part of it or to
an issue arising from it.

(2) A defendant who makes a sanctioned payment shall file with the  Court a
notice in Form No. 23 in Appendix A, that-

   (a)  states the amount of the payment;

   (b)  states whether the payment relates to the whole claim or to part of it
        or to an issue arising from it and if so to which part or issue it
        relates;

   (c)  states whether it takes into account any counterclaim or set off;

   (d)  if an interim payment has been made, states that the interim  payment
        has been taken into account;

   (e)  if it is expressed not to be inclusive of interest, gives the details
        relating to interest set out in rule 26(2); and

   (f)  if a sum of money has been paid into court (other than as security for
        costs), states whether the sanctioned payment has taken into account
        that sum of money.

9. Service of sanctioned payment
(O. 22, r. 9)

A defendant who makes a sanctioned payment shall-

   (a)  serve the sanctioned payment notice-

        (i)    on the plaintiff; and

        (ii)   where the plaintiff is an aided person, on the Director of
               Legal Aid; and

   (b)  file with the Court a certificate of service of the notice.

10. Withdrawal or diminution of sanctioned
payment (O. 22, r. 10)

(1) A sanctioned payment may not be withdrawn or diminished before the expiry
of 28 days from the date the sanctioned payment is made unless the Court
grants leave to withdraw or diminish it.

(2) If there is subsisting an application to withdraw or diminish a
sanctioned payment, the sanctioned payment may not be accepted unless the 
Court grants leave to accept it.

(3) If the Court dismisses an application to withdraw or diminish a
sanctioned payment or grants leave to diminish the sanctioned payment, it may
by order specify the period within which the sanctioned payment or diminished
sanctioned payment may be accepted.

(4) If a sanctioned payment is withdrawn, it does not have the consequences
specified in this Order.

11. Offer to settle claim for provisional
damages (O. 22, r. 11)

(1) A defendant may make a sanctioned payment in respect of a claim that
includes a claim for provisional damages.

(2) Where the defendant makes a sanctioned payment under paragraph

(1), the sanctioned payment notice must specify whether or not the defendant
is offering to agree to the making of an award of provisional  damages.

(3) Where the defendant is offering to agree to the making of an
award of provisional damages, the sanctioned payment notice must also state-

   (a)  that the sum paid into court is in satisfaction of the claim for
        damages on the assumption that the injured person will not develop the
        disease or suffer the type of deterioration specified in the notice;

   (b)  that the offer is subject to the condition that the plaintiff shall
        make any claim for further damages within a limited period; and

   (c)  what that period is.

(4) Where a sanctioned payment is-

   (a)  made in accordance with paragraph (3); and

   (b)  accepted within the relevant period specified in rule 15, the
        sanctioned payment has the consequences specified in rule 20, unless
        the Court orders otherwise.

(5) If the plaintiff accepts the sanctioned payment he must, within 7 days of
doing so, apply to the Court for an order for an award of  provisional damages
under Order 37, rule 8.

(6) The money in court may not be paid out unless the Court has disposed of
the application made under paragraph (5).

(7) In this rule, "provisional damages" (暫定損害賠償) means damages for
personal injuries that are to be assessed on the assumption that the injured
person will not develop the disease or suffer the deterioration referred to in
section 72E of the Ordinance.

12. Time when sanctioned offer or
sanctioned payment is made
and accepted (O. 22, r. 12)

(1) A sanctioned offer is made when it is served on the offeree.

(2) A sanctioned payment is made when a sanctioned payment notice is served on
the offeree.

(3) An amendment to a sanctioned offer is effective when its details are
served on the offeree.

(4) An amendment to a sanctioned payment is effective when notice of the
amendment is served on the offeree.

(5) A sanctioned offer or a sanctioned payment is accepted when notice of its
acceptance is served on the offeror.

13. Service of notice of acceptance of
plaintiff's sanctioned offer
(O. 22, r. 13)

(1) Where there is more than one defendant, a defendant who serves on the
plaintiff a notice of acceptance of the plaintiff's sanctioned  offer shall at
the same time serve a copy of the notice on the other defendant or defendants.

(2) A defendant on whom a copy of the notice has been served may within 14
days after the service apply to the Court for-

   (a)  a direction as to any question of costs between him and the defendant
        who has accepted the plaintiff's sanctioned offer; and

   (b)  any other direction relating to the acceptance of the plaintiff's
        sanctioned offer.

(3) No application may be made under paragraph (2) after the expiry of the
14-day period referred to in that paragraph.

14. Clarification of sanctioned offer or
sanctioned payment notice
(O. 22, r. 14)

(1) The offeree may, within 7 days of a sanctioned offer or a
sanctioned payment being made, request the offeror to clarify the offer or
payment notice.

(2) If the offeror does not give the clarification requested under paragraph
(1) within 7 days of service of the request, the offeree may, unless the trial
has commenced, apply for an order that he does so.

(3) If the Court makes an order pursuant to an application made under
paragraph (2), it shall specify the date when the sanctioned offer or
sanctioned payment is to be treated as having been made.

(4) Where a cause of action under the Fatal Accidents Ordinance ( Cap 22) and
a cause of action under Part IV or IVA of the Law Amendment 
and Reform (Consolidation) Ordinance ( Cap 23) are joined in an action, with
or without any other cause of action, the plaintiff is not entitled under
paragraph (1) to request the defendant to make an apportionment of the
sanctioned payment between the causes of action under those Ordinances.

III.     ACCEPTANCE OF SANCTIONED OFFER OR
SANCTIONED PAYMENT

15. Time for acceptance of defendant's
sanctioned offer or sanctioned
payment (O. 22, r. 15)

(1) Subject to rules 7(3) and 10(2), a plaintiff may accept a sanctioned offer
or a sanctioned payment made not less than 28 days before the commencement of
the trial without requiring the leave of the Court if he files with the Court
and serves on the defendant a written notice of acceptance not later than 28
days after the offer or payment was made.

(2) If-

   (a)  a defendant's sanctioned offer or sanctioned payment is made less than
        28 days before the commencement of the trial; or

   (b)  the plaintiff does not accept it within the period specified in
        paragraph (1), then the plaintiff may-

        (i)    if the parties agree on the liability for costs, accept the
               offer or payment without the leave of the Court; and

        (ii)   if the parties do not agree on the liability for costs, only
               accept the offer or payment with the leave of the Court.

(3) Where the leave of the Court is required under paragraph (2), the Court
shall, if it grants leave, make an order as to costs.

(4) A notice of acceptance of a sanctioned payment must be in Form No. 24 in
Appendix A.

16. Time for acceptance of plaintiff's
sanctioned offer (O. 22, r. 16)

(1) Subject to rule 7(3), a defendant may accept a sanctioned offer made not
less than 28 days before the commencement of the trial without requiring the
leave of the Court if he files with the Court and serves on the plaintiff a
written notice of acceptance not later than 28 days after the offer was made.

(2) If-

   (a)  a plaintiff's sanctioned offer is made less than 28 days before the
        commencement of the trial; or

   (b)  the defendant does not accept it within the period specified in
        paragraph (1), then the defendant may-

        (i)    if the parties agree on the liability for costs, accept the
               offer without the leave of the Court; and

        (ii)   if the parties do not agree on the liability for costs, only
               accept the offer with the leave of the Court.

(3) Where the leave of the Court is required under paragraph (2), the Court
shall, if it grants leave, make an order as to costs.

17. Payment out of a sum in court on acceptance of
sanctioned payment (O. 22, r. 17)

Subject to rules 18(4) and 19 and Order 22A, rule 2, where a sanctioned 
payment is accepted, the plaintiff may obtain payment out of the sum in court
by making a request for payment in Form No. 25 in Appendix A.

18. Acceptance of sanctioned offer or sanctioned
payment made by one or more, but not all,
defendants (O. 22, r. 18)

(1) This rule applies where the plaintiff wishes to accept a sanctioned offer
or a sanctioned payment made by one or more, but not all, of a number of
defendants.

(2) If the defendants are sued jointly or in the alternative, the plaintiff
may accept the offer or payment without requiring the leave of the Court in
accordance with rule 15(1) if-

   (a)  he discontinues his claim against those defendants who have not made
        the offer or payment; and

   (b)  those defendants give written consent to the acceptance of the offer
        or payment.

(3) If the plaintiff alleges that the defendants have a several liability to
him, the plaintiff may-

   (a)  accept the offer or payment in accordance with rule 15(1); and

   (b)  continue with his claims against the other defendants.

(4) In all other cases the plaintiff shall apply to the Court for-

   (a)  an order permitting a payment out to him of any sum in court; and

   (b)  such order as to costs as the Court considers appropriate.

19. Other cases where court order is required to
enable acceptance of sanctioned offer or
sanctioned payment (O. 22, r. 19)

(1) Where a sanctioned offer or a sanctioned payment is made in proceedings to
which Order 80, rule 10 (Compromise, etc., by person under  disability)
applies-

   (a)  the offer or payment may be accepted only with the leave of the 
        Court; and

   (b)  the money in court may not be paid out except in pursuance of an order
        of the Court.

(2) Where the Court grants leave to a plaintiff to accept a sanctioned offer
or a sanctioned payment after the trial has commenced-

   (a)  the money in court may not be paid out except in pursuance of an order
        of the Court; and

   (b)  the Court shall, in the order, deal with the whole costs of the
        proceedings.

(3) Where a plaintiff accepts a sanctioned payment after a defence of tender
before action has been put forward by the defendant, the money in court may
not be paid out except in pursuance of an order of the Court.

(4) Where a plaintiff accepts a sanctioned payment made in satisfaction of-

   (a)  a cause of action under the Fatal Accidents Ordinance ( Cap 22) and a
        cause of action under Part IV or IVA of the Law Amendment and Reform 
        (Consolidation) Ordinance ( Cap 23); or

   (b)  a cause of action under the Fatal Accidents Ordinance ( Cap 22) where
        more than one person is entitled to the money, the money in court may
        not be paid out except in pursuance of an order of the Court.

IV.     CONSEQUENCES OF SANCTIONED OFFER OR
SANCTIONED PAYMENT

20. Costs consequences of acceptance of
defendant's sanctioned offer or
sanctioned payment (O. 22, r. 20)

(1) Where a defendant's sanctioned offer or sanctioned payment to settle the
whole claim is accepted without requiring the leave of the  Court, the
plaintiff is entitled to his costs of the proceedings up to the date of
serving notice of acceptance, unless the Court otherwise orders.

(2) Where-

   (a)  a sanctioned offer or a sanctioned payment relating to a part of the
        claim or an issue arising from the claim is accepted; and

   (b)  at the time of serving notice of acceptance the plaintiff abandons the
        other parts of the claim or other issues arising from the claim, the
        plaintiff is entitled to his costs of the proceedings up to the date
        of serving notice of acceptance, unless the Court otherwise orders.

(3) The plaintiff's costs include any costs attributable to the defendant's
counterclaim or set-off if the sanctioned offer or the
sanctioned payment notice states that it takes into account the counterclaim
or set-off.

21. Costs consequences of acceptance of
plaintiff's sanctioned offer (O. 22, r. 21)

(1) Where a plaintiff's sanctioned offer to settle the whole claim is accepted
without requiring the leave of the Court, the plaintiff is entitled to his
costs of the proceedings up to the date upon which the defendant serves notice
of acceptance, unless the Court otherwise orders.

(2) The plaintiff's costs include any costs attributable to the defendant's
counterclaim or set-off if the sanctioned offer states that it takes into
account the counterclaim or set-off.

22. Other consequences of acceptance of
sanctioned offer or sanctioned
payment (O. 22, r. 22)

(1) If a sanctioned offer or a sanctioned payment relates to the whole claim
and is accepted, the claim is stayed.

(2) In the case of acceptance of a sanctioned offer which relates to the whole
claim-

   (a)  the stay is upon the terms of the offer; and

   (b)  either party may apply to enforce those terms without the need to
        commence new proceedings.

(3) If a sanctioned offer or a sanctioned payment which relates only to a part
of the claim or an issue arising from the claim is accepted-

   (a)  the claim is stayed as to that part or issue, and in the case of the
        sanctioned offer, the stay is upon the terms of the offer;

   (b)  either party may apply to enforce those terms without the need to
        commence new proceedings; and

   (c)  unless the parties have agreed on costs, the liability for costs shall
        be decided by the Court.

(4) If the approval of the Court is required before a settlement can be
binding, any stay which would otherwise arise on the acceptance of a
sanctioned offer or a sanctioned payment takes effect only when that approval
has been given.

(5) Any stay arising under this rule does not affect the power of the Court-

   (a)  to enforce the terms of a sanctioned offer;

   (b)  to deal with any question of costs (including interest on costs)
        relating to the proceedings; or

   (c)  to order payment out of court of any sum paid into court.

(6) Where-

   (a)  a sanctioned offer has been accepted; and

   (b)  a party alleges that-

        (i)    the other party has not honoured the terms of the offer; and

        (ii)   he is therefore entitled to a remedy for breach of contract,
               the party may claim the remedy by applying to the Court without
               the need to commence new proceedings unless the Court otherwise
               orders.

23. Costs consequences where plaintiff fails
to do better than sanctioned offer or
sanctioned payment (O. 22, r. 23)

(1) This rule applies where a plaintiff-

   (a)  fails to obtain a judgment better than the sanctioned payment; or

   (b)  fails to obtain a judgment that is more advantageous than a
        defendant's sanctioned offer.

(2) The Court may by order disallow all or part of any interest otherwise
payable under section 49 of the Ordinance on the whole or part of any sum of
money awarded to the plaintiff for some or all of the period after the latest
date on which the payment or offer could have been accepted without requiring
the leave of the Court.

(3) The Court may order the plaintiff to pay any costs incurred by the
defendant after the latest date on which the payment or offer could have been
accepted without requiring the leave of the Court.

(4) The Court may also order that the defendant is entitled to-

   (a)  his costs on the indemnity basis after the latest date on which the
        plaintiff could have accepted the payment or offer without requiring
        the leave of the Court; and

   (b)  interest on the costs referred to in paragraph (3) or subparagraph (a)
        at a rate not exceeding 10% above judgment rate.

(5) Where this rule applies, the Court shall make the orders referred to in
paragraphs (2), (3) and (4) unless it considers it unjust to do so.

(6) In considering whether it would be unjust to make the orders referred to
in paragraphs (2), (3) and (4), the Court shall take into account all the
circumstances of the case including-

   (a)  the terms of any sanctioned payment or sanctioned offer;

   (b)  the stage in the proceedings at which any sanctioned payment or
        sanctioned offer was made;

   (c)  the information available to the parties at the time when the
        sanctioned payment or sanctioned offer was made; and

   (d)  the conduct of the parties with regard to the giving or refusing to
        give information for the purposes of enabling the payment or offer to
        be made or evaluated.

(7) The power of the Court under this rule is in addition to any other power
it may have to award or disallow interest.

24. Costs and other consequences where
plaintiff does better than he proposed
in his sanctioned offer (O. 22, r. 24)

(1) This rule applies where-

   (a)  a defendant is held liable for more than the proposals contained in a
        plaintiff's sanctioned offer; or

   (b)  the judgment against a defendant is more advantageous to the plaintiff
        than the proposals contained in a plaintiff's sanctioned offer.

(2) The Court may order interest on the whole or part of any sum of money
(excluding interest) awarded to the plaintiff at a rate not exceeding 10%
above judgment rate for some or all of the period after the latest date on
which the defendant could have accepted the offer without requiring the leave
of the Court.

(3) The Court may also order that the plaintiff is entitled to-

   (a)  his costs on the indemnity basis after the latest date on which the
        defendant could have accepted the offer without requiring the leave of
        the Court; and

   (b)  interest on those costs at a rate not exceeding 10% above
        judgment rate.

(4) Where this rule applies, the Court shall make the orders referred to in
paragraphs (2) and (3) unless it considers it unjust to do so.

(5) In considering whether it would be unjust to make the orders referred to
in paragraphs (2) and (3), the Court shall take into account all the
circumstances of the case including-

   (a)  the terms of any sanctioned offer;

   (b)  the stage in the proceedings at which any sanctioned offer was made;

   (c)  the information available to the parties at the time when the
        sanctioned offer was made; and

   (d)  the conduct of the parties with regard to the giving or refusing to
        give information for the purposes of enabling the offer to be made or
        evaluated.

(6) The power of the Court under this rule is in addition to any other power
it may have to award interest.

V.     MISCELLANEOUS


25. Restriction on disclosure of sanctioned
offer or sanctioned payment
(O. 22, r. 25)

(1) A sanctioned offer is treated as "without prejudice save as to costs".

(2) The fact that a sanctioned payment has been made must not be communicated
to the trial judge or the master hearing or determining the action or
counterclaim or any question or issue as to the debt or damages until all
questions of liability and the amount of money to be awarded have been
decided.

(3) Paragraph (2) does not apply-

   (a)  where the defence of tender before action has been raised;

   (b)  where the proceedings have been stayed under rule 22 following
        acceptance of a sanctioned offer or a sanctioned payment; or

   (c)  where-

        (i)    the issue of liability has been determined before any
               assessment of the money claimed; and

        (ii)   the fact that there has or has not been a sanctioned payment
               may be relevant to the question of the costs of the issue of
               liability.

26. Interest (O. 22, r. 26)

(1) Unless-

   (a)  a plaintiff's sanctioned offer which offers to accept a sum of money;
        or

   (b)  a sanctioned payment notice, indicates to the contrary, any such offer
        or payment is to be treated as inclusive of all interest until the
        last date on which it could be accepted without requiring the leave of
        the Court.

(2) Where a plaintiff's sanctioned offer or a sanctioned payment  notice is
expressed not to be inclusive of interest, the offer or notice must state-

   (a)  whether interest is offered; and

   (b)  if so, the amount offered, the rate or rates offered and the period or
        periods for which it is offered.

27. Money paid into court under order
(O. 22, r. 27)

(1) On making any payment into court under an order of the Court or a
certificate of a master, the party making the payment shall give notice of the
payment in Form No. 25A in Appendix A to every other party to the proceedings.

(2) Unless the Court otherwise orders, a defendant who has paid money into
court in pursuance of an order made under Order 14 may-

   (a)  by notice served on the plaintiff, appropriate the whole or any part
        of the money and any additional payment, if necessary, in satisfaction
        of any particular claim made by the plaintiff and specified in the
        notice; or

   (b)  if he pleads a tender, by his pleading served on the plaintiff,
        appropriate the whole or any part of the money as payment into court
        of the money alleged to have been tendered.

(3) Any money appropriated in accordance with paragraph (2) is deemed to be-

   (a)  in the case of paragraph (2)(a), a sanctioned payment when the notice
        is served on the plaintiff; and

   (b)  in the case of paragraph (2)(b), money paid into court with a plea of
        tender when the pleading is served on the plaintiff, and this Order
        applies accordingly.

(4) A notice served on the plaintiff in accordance with paragraph

(2)(a) is deemed to be a sanctioned payment notice.

28. Transitional provision relating to
Part 9 of Amendment Rules 2008
(O. 22, r. 28)

Where-

   (a)  a payment into court has been made in accordance with Order 22
("the repealed Order") repealed by rule 61 ("the repealing rule") of the
Amendment Rules 2008; and

   (b)  the disposal of the payment is pending immediately before the
        commencement* of the repealing rule, then nothing in Division 1 of
        Part 9 of the Amendment Rules 2008 applies in relation to that
        payment, and the repealed Order and all the other provisions amended
        or repealed by that Division, as in force immediately before the
        commencement, continue to apply in relation to that payment as if that
        Division had not been made. (L.N. 153 of 2008)
        ___________________________________________________________________________
        ______________ Note:

* Commencement day: 2 April 2009.

"claim" (申索)

"counterclaim" (反申索)

"defendant" (被告人)

"offeree" (受提議者)

"offeror" (提議者)

"plaintiff" (原告人)

"sanctioned offer" (附帶條款和解提議)

"sanctioned payment" (附帶條款付款)

"sanctioned payment notice" (附帶條款付款通知書)

"provisional damages" (暫定損害賠償)