The other day I suggested that there must be an error in the statement made by justice minister Jonathan Djanogly concerning implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and how Part 36 would operate.

It has now been confirmed that there was indeed an error in the statement and the correct position is:

“There is to be an additional amount to be paid by a defendant who does not accept a claimant’s offer to settle where the court gives judgment for the claimant that is at least as advantageous as an offer the claimant made to settle the claim. This additional sanction is to be calculated as 10% of damages where damages are in issue, and 10% of costs for non-damages claims”