The Offers to Settle in Civil Proceedings Order 2013

• Citation: S.I. 2013/93
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Offers to Settle in Civil Proceedings Order 2013 and shall come into force on 12th February 2013.

Section 2 Additional amount to be paid where a claim is only for an amount of money

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—

10% of the amount awarded.

10% of the first £500,000 and 5% of the amount awarded above that figure.

Section 3 Amount to be paid where a claim is or includes a non-monetary claim

(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as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules.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)—

10% of the amount awarded.

(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—

10% of the costs ordered to be paid.

(5) The amount to be paid shall not exceed £75,000.