# The Offers to Settle in Civil Proceedings Order 2013, Note: Explanatory note


(This note is not part of the Order)
This Order is made under section 55 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10).
Section 55(1) enables rules of court to be made in relation to civil proceedings involving a claim for money to permit a court to order an additional amount to be paid to a claimant by a defendant, where the defendant does not accept the claimant’s offer to settle, and the court subsequently gives judgment for the claimant which is at least as advantageous to the claimant as the claimant’s offer.
Section 55(3) confers power on the Lord Chancellor to prescribe, as a percentage of the amount awarded to the claimant by the court, the additional amount that may be paid by the defendant in such cases.
Article 2 prescribes the percentage of the amount awarded to the claimant that a defendant may be ordered to pay as an additional amount.
Section 55(4) confers a power on the Lord Chancellor to provide that rules of court may make similar provision to that in section 55(1) in relation to civil proceedings which include a non-monetary claim (defined in the 2012 Act as a claim for a benefit other than an amount of money). Section 55(5) makes provision as to how the amount to be paid by the defendant may be calculated in such circumstances.
Under Article 3, in those proceedings which include both a claim for money and a non-monetary claim, the amount to be paid by the defendant to the claimant will be calculated as a percentage of the amount awarded to the claimant by the court in respect of the claim for money. In a non-money claim only, Article 4 provides that the amount to be paid will be calculated as a percentage of the costs that the defendant is ordered to pay the claimant. In these instances the maximum amount that a defendant may be ordered to pay is £75,000.
Article 3 also provides that rules of court may include provision as to the assessment of whether a judgment is at least as advantageous as an offer to settle and may further make provision as to how the value of a non-monetary benefit awarded to a claimant may be calculated.

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Source: https://www.legislation.gov.uk/uksi/2013/93/note (the official version)
Page: https://openlegislation.uk/offers-to-settle-in-civil-proceedings-order-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.