In light of the fact that CPR Part 36 will apply to costs proceedings when the Legal Aid, Sentencing & Punishment of Offenders Act of 2012 comes into force, come April 2013, we are left pondering whether the Justice Minister’s recent statement to Parliament contains an obvious error.
In Mr Djanogly’s statement he announced that, in light of further recommendations from the CJC, implementation of LASPO Act 2012 will include the following:
“There is to be an additional sanction to be paid where judgment for the claimant is more advantageous than a defendant’s part 36 offer. This additional sanction is to be calculated as 10% of damages where damages are in issue, and 10% of costs for non-damages claims”.
This is almost the exact opposite of what Jackson LJ proposed:
“Where a defendant rejects a claimant’s offer, but fails to do better at trial, the claimant’s recovery should be enhanced by 10%.”
Remember, from April 2012, CPR Part 36 will apply to Costs proceedings..!