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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

Offers to settle

55Payment of additional amount to successful claimant

(1)Rules of court may make provision for a court to order a defendant in civil proceedings to pay an additional amount to a claimant in those proceedings where—

(a)the claim is a claim for (and only for) an amount of money,

(b)judgment is given in favour of the claimant,

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as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and

(d)any prescribed conditions are satisfied.

(2)Rules made under subsection (1) may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle.

(3)In subsection (1) “additional amount” means an amount not exceeding a prescribed percentage of the amount awarded to the claimant by the court (excluding any amount awarded in respect of the claimant’s costs).

(4)The Lord Chancellor may by order provide that rules of court may make provision for a court to order a defendant in civil proceedings to pay an amount calculated in a prescribed manner to a claimant in those proceedings where—

(a)the claim is or includes a non-monetary claim,

(b)judgment is given in favour of the claimant,

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as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules, and

(d)any prescribed conditions are satisfied.

(5)An order under subsection (4) must provide for the amount to be calculated by reference to one or more of the following—

(a)any costs ordered by the court to be paid to the claimant by the defendant in the proceedings;

(b)any amount awarded to the claimant by the court in respect of so much of the claim as is for an amount of money (excluding any amount awarded in respect of the claimant’s costs);

(c)the value of any non-monetary benefit awarded to the claimant.

(6)An order under subsection (4)—

(a)must provide that rules made under the order may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle, and

(b)may provide that such rules may make provision as to the calculation of the value of a non-monetary benefit awarded to a claimant.

(7)Conditions prescribed under subsection (1)(d) or (4)(d) may, in particular, include conditions relating to—

(a)the nature of the claim;

(b)the amount of money awarded to the claimant;

(c)the value of the non-monetary benefit awarded to the claimant.

(8)Orders under this section are to be made by the Lord Chancellor by statutory instrument.

(9)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)Rules of court and orders made under this section may make different provision in relation to different cases.

(11)In this section—

  • “civil proceedings” means proceedings to which rules of court made under the Civil Procedure Act 1997 apply;

  • “non-monetary claim” means a claim for a benefit other than an amount of money;

  • “prescribed” means prescribed by order made by the Lord Chancellor.

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