(1) Where notice of appeal to the Court of Appeal has been served, a party may serve on another party an offer to compromise the appeal on the terms specified in the offer.
(2) The offer to compromise the appeal may be on terms that take into account any cross-appeal.
(3) Where on an appeal—
(a) a party has made an offer in writing to the other party (whether or not expressed to be without prejudice) to compromise the appeal on the terms specified in the offer;
(b) the offer was open to be accepted for a reasonable time, but was not accepted; and
(c) the party making the offer obtains an order on the appeal no less favourable to that party than the terms of the offer—
the Court of Appeal shall take those matters, and also the stage of the appeal at which the offer was made, into account in determining what order for costs to make in respect of the appeal or in respect of the appeal and the proceeding more generally.
(4) The Court of Appeal, in exercising its discretion as to costs in accordance with paragraph (3), may order that the party on whom the offer to compromise the appeal was served pay the costs of the party who made the offer, taxed on a basis other than the ordinarily applicable basis—
(a) from the commencement of the appeal;
(b) from the day the offer was served; or
(c) from any other time that the Court thinks fit.
(5) Unless the offer to compromise the appeal
provides that the offer is not made without prejudice, no statement of the
fact that an offer to compromise has been made shall be contained in any
affidavit and no communication with respect to the offer shall be made to the
Court of Appeal until the appeal has been determined save as to costs.