ABSTRACT
In some cases, both of these justifications are present; in
others, only one or the other. So, in Cutts v Head [1984]
Ch 290, the rule that one could not rely upon a without
prejudice offer on the question of costs after judgment
was held not to be based upon any public policy. It did
not promote the policy of encouraging settlements
because, as Oliver LJ said: ‘As a practical matter, a
consciousness of a risk as to costs if reasonable offers are
refused can only encourage settlement ...’
