Statutory Instruments
2013 No. 93
Senior Courts Of England And Wales
County Courts, England And Wales
The Offers to Settle in Civil Proceedings Order 2013
Made
21st January 2013
Laid before Parliament
22nd January 2013
Coming into force
12th February 2013
The Lord Chancellor, in exercise of the powers conferred by section 55 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 1 ), makes the following Order:
Citation and commencement
1. This Order may be cited as the Offers to Settle in Civil Proceedings Order 2013 and shall come into force on 12th February 2013.
Additional amount to be paid where a claim is only for an amount of money
2. Where rules of court make provision for a court to order a defendant in civil proceedings to pay an additional amount to a claimant in those proceedings and the claim is for (and only for) an amount of money then, for the purposes of section 55(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the prescribed percentage shall be—
| Amount awarded by the court | Prescribed percentage |
|---|---|
| Up to £500,000 |
10% of the amount awarded. |
| Above £500,000, up to £1,000,000 |
10% of the first £500,000 and 5% of the amount awarded above that figure. |
| Above £1,000,000 | 7.5% of the first £1,000,000 and 0.001% of the amount awarded above that figure. |
Amount to be paid where a claim is or includes a non-monetary claim
3. —(1) Rules of court may make provision for a court to order a defendant in civil proceedings to pay an amount to a claimant (“the amount to be paid”) in those proceedings where—
(a) the claim is or includes a non-monetary claim;
(b) judgment is given in favour of the claimant; and
(c) the judgment in respect of the claim is at least as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules.
(2) The amount to be paid shall be calculated as prescribed in paragraph (4).
(3) Rules made under paragraph (1) may—
(a) include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle; and
(b) make provision as to the calculation of the value of a non-monetary benefit awarded to a claimant.
(4) Subject to subparagraph (5), the amount to be paid shall be—
(a) if a claim includes both a claim for an amount of money and a non-monetary claim, the following percentages of the amount awarded to the claimant by the court (excluding any amount awarded in respect of the claimant’s costs)—
| Amount awarded by the court | Amount to be paid by the defendant |
|---|---|
| Up to £500,000 |
10% of the amount awarded. |
| Above £500,000, up to £1,000,000 | 10% of the first £500,000 and 5% of the amount awarded above that figure; and |
(b) in a non-monetary claim only, the following percentages of any costs ordered by the court to be paid to the claimant by the defendant—
| Costs ordered to be paid to the claimant | Amount to be paid by the defendant |
|---|---|
| Up to £500,000 |
10% of the costs ordered to be paid. |
| Above £500,000, up to £1,000,000 | 10% of the first £500,000 and 5% of any costs ordered to be paid above that figure. |
(5) The amount to be paid shall not exceed £75,000.
Signed by authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
21st January 2013