The Offers to Settle in Civil Proceedings Order 2013

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as advantageous as an offer to settle the claim which the claimant made in accordance with rules of court and has not withdrawn in accordance with those rules.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