Regulation 8 Relevant matters in determining the amount of a payment under the Scheme

(1)

In determining the amount of a payment under the Scheme, the Secretary of State must have regard to the matters (“relevant matters”) specified in the following paragraphs.

(2)

Where an award of damages has been made by a court against an eligible person, the relevant matters are the amount of—

(a)

the award;

(b)

the legal and associated costs awarded to the claimant; and

(c)

any legal and associated costs incurred by, or on behalf of, the eligible person.

(3)

Where, in any legal proceedings, a settlement has been agreed to by, or on behalf of, an eligible person, the relevant matters are the amount of—

(a)

any sum paid or payable by the eligible person in relation to the claim for damages;

(b)

any contribution by the eligible person towards any legal and associated costs incurred by the claimant; and

(c)

any legal and associated costs incurred by, or on behalf of, the eligible person.

(4)

Where, in any legal proceedings, a court has declined to award damages against an eligible person, the relevant matters are—

(a)

the amount of any legal and associated costs incurred by, or on behalf of, the eligible person; and

(b)

the extent to which those costs are not recoverable either from the claimant or from the Legal Aid Agency under regulations^f1 made under section 26(5) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012^f2 (costs in civil proceedings).

(5)

Where, other than in the course of legal proceedings, an eligible person has agreed, whether in settlement of a claim against the eligible person or otherwise, to make any payment to, or any contribution towards any legal and associated costs incurred by, a person in respect of a relevant liability of the eligible person, the relevant matters are the amount of any—

(a)

payment;

(b)

contribution; and

(c)

legal and associated costs incurred by, or on behalf of, the eligible person.

(6)

Where an eligible person has agreed to be bound by the determination of any person as to the making of a payment by the eligible person in respect of a relevant liability, the relevant matters are the amount of—

(a)

the payment;

(b)

any legal or associated costs awarded to the claimant; and

(c)

any legal or associated costs incurred by, or on behalf of, the eligible person.

Annotations

Footnotes

f1: S.I. 2013/611.
f2: 2012 c. 10.