When is the deadline for minimum relevant period that a rule 45 offer must specify?
The catalogue records a 21 days period from The date the Rule 45 Offer is made (and, for the threshold, the start of the main substantive hearing). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- The date the Rule 45 Offer is made (and, for the threshold, the start of the main substantive hearing)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- The 21-day minimum is a formal validity requirement for the offer, not a case-management date, so it cannot be varied by the Tribunal. What is discretionary is the CONSEQUENCE: under rule 49(2) and (3) the Tribunal "shall, unless it considers it unjust to do so" order the enhanced costs and interest consequences. The "unjust" escape is real but narrow and is assessed against the rule 49(4) factors, including whether the offer was a genuine attempt to settle. Rule 49(5)(c) disapplies the consequences altogether for an offer made less than 21 days before the hearing unless the Tribunal has abridged the relevant period.
- Two distinct 21-day measures sit in this rule and must not be conflated. (1) BACKWARD: whether the offer was made 21 days or more before the start of the main substantive hearing determines whether a relevant period must be specified at all. (2) FORWARD: if it was, the specified period must be at least 21 days from the offer. Rule 45(1) allows the parties to agree a longer rele