Civil Procedure (Amendment No. 3) Rules 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1317 |
| Year | 2000 |
2000 No. 1317 (L. 11)
SUPREME COURT OF ENGLAND AND WALESCOUNTY COURTS, ENGLAND AND WALES
The Civil Procedure (Amendment No. 3) Rules 2000
Made 12th May 2000
Laid before Parliament 15th May 2000
Coming into force 3rd July 2000
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, make the following Rules:—
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2000 and shall come into force on 3rd July 2000.
2. In these Rules a reference to a Part, rule or Schedule by number alone means the Part, rule or Schedule so numbered in the Civil Procedure Rules 19982.
Amendments to Civil Procedure Rules 1998
3. In rule 6.20, after paragraph (3) insert—
“3A a claim is a Part 20 claim and the person to be served is a necessary or proper party to the claim against the Part 20 claimant;”.
4. In rule 7.2, after the second cross-reference, insert—
“(The costs practice direction sets out the information about a funding arrangement to be provided with the claim form where the claimant intends to seek to recover an additional liability)
(“Funding arrangements” and “additional liability” are defined in rule 43.2)”.
5. In rule 8.2, after the second cross-reference, insert—
“(The costs practice direction sets out the information about a funding arrangement to be provided with the claim form where the claimant intends to seek to recover an additional liability)
(“Funding arrangement” and “additional liability” are defined in rule 43.2)”.
6. After rule 8.3, insert—
“(The costs practice direction sets out the information about a funding arrangement to be provided with the acknowledgment of service where the defendant intends to seek to recover an additional liability)
(“Funding arrangement” and “additional liability” are defined in rule 43.2)”.
7. In rule 15.6, after the cross-reference, insert—
“(The costs practice direction sets out the information about a funding arrangement to be provided with the defence where the defendant intends to seek to recover an additional liability)
(“Funding arrangement” and “additional liability” are defined in rule 43.2)”.
8. In rule 16.2, after the cross-reference, insert—
“(The costs practice direction sets out the information about a funding arrangement to be provided with the statement of case where the defendant intends to seek to recover an additional liability)
(“Funding arrangement” and “additional liability” are defined in rule 43.2)”.
9. In rule 24.2, in paragraph (b), after “other” insert “compelling ”.
10. In rule 38.8, in sub-paragraph (c) of paragraph (1), for “21” substitute “ 14”.
11. In rule 42.2, for paragraph (6), substitute—
“6 Where the certificate of a LSC funded client or an assisted person is revoked or discharged—
(a) the solicitor who acted for that person will cease to be the solicitor acting in the case as soon as his retainer is determined—
(i) under regulation 4 of the Community Legal Service (Costs) Regulations 20003; or
(ii) under regulation 83 of the Civil Legal Aid (General) Regulations 19894; and
(b) if that person wishes to continue—
(i) where he appoints a solicitor to act on his behalf, paragraph (2) will apply as if he had previously conducted the claim in person; and
(ii) where he wants to act in person, he must give an address for service.
(Rule 6.5 deals with a party’s address for service)
(“LSC funded client” and “assisted person” are defined in rule 43.2)
7 “Certificate” in paragraph (6) means—
(a) in the case of a LSC funded client, a certificate issued under the Funding Code (approved under section 9 of the Access to Justice Act 19995), or
(b) in the case of an assisted person, a certificate within the meaning of the Civil Legal Aid (General) Regulations 1989.”.
12. In rule 43.2, in paragraph (1)—
(a) in sub-paragraph (a), after “rule 48.6”, insert “, any additional liability incurred under a funding arrangement”;
(b) at the end of sub-paragraph (h), omit “and”;
(c) sub-paragraph (i) stands as sub-paragraph (j);
(d) after sub-paragraph (h), insert—
“(i)
“(i) “LSC funded client” means an individual who receives services funded by the Legal Services Commission as part of the Community Legal Service within the meaning of Part I of the Access to Justice Act 1999;”;
(c) after sub-paragraph (j), insert—
“(k)
“(k) “funding arrangement” means an arrangement where a person has—
(i) entered into a conditional fee agreement which provides for a success fee within the meaning of section 58(2) of the Courts and Legal Services Act 19906;
(ii) taken out an insurance policy to which section 29 of the Access to Justice Act 1999 (recovery of insurance premiums by way of costs) applies; or
(iii) made an agreement with a membership organisation to meet his legal costs;
(l)
(l) “percentage increase” means the percentage by which the amount of a legal representative’s fee can be increased in accordance with a conditional fee agreement which provides for a success fee;
(m)
(m) “insurance premium” means a sum of money paid or payable for insurance against the risk of incurring a costs liability in the proceedings, taken out after the event that is the subject matter of the claim;
(n)
(n) “membership organisation” means a body prescribed for the purposes of section 30 of the Access to Justice Act 1999 (recovery where body undertakes to meet costs liabilities); and
(o)
(o) “additional liability” means the percentage increase, the insurance premium, or the additional amount in respect of provision made by a membership organisation, as the case may be.
(The Conditional Fee Agreements Regulations 20007and the Access to Justice (Membership Organisations) Regulations 20008contain further provisions about conditional fee agreements and arrangements to meet costs liabilities respectively)”.
13. In Part 44, in the list of contents—
(a) after “Rule 44.3”, insert—
“Costs orders relating to funding arrangements |
Rule 44.3A |
Limits on recovery under funding arrangements |
Rule 44.3B”; |
(b) after “Rule 44.12”, insert—
“Costs-only proceedings |
Rule 44.12A”; and |
(c) after “Rule 44.14” insert—
“Providing information about funding arrangements |
Rule 44.15 |
Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase |
Rule 44.16 |
Application of costs rules |
Rule 44.17”. |
14. After rule 44.3, insert—
“Costs orders relating to funding arrangements
44.3A.—(1) The court will not assess any additional liability until the conclusion of the proceedings, or the part of the proceedings, to which the funding arrangement relates.
(“Funding arrangement” and “additional liability” are defined in rule 43.2)
(2) At the conclusion of the proceedings, or the part of the proceedings, to which the funding arrangement relates the court may—
(a)
(a) make a summary assessment of all the costs, including any additional liability;
(b)
(b) make an order for detailed assessment of the additional liability but make a summary assessment of the other costs; or
(c)
(c) make an order for detailed assessment of all the costs.
(Part 47 sets out the procedure for the detailed assessment of costs)
Limits on recovery under funding arrangements
44.3B.—(1) A party may not recover as an additional liability—
(a)
(a) any proportion of the percentage increase relating to the cost to the legal representative of the postponement of the payment of his fees and expenses;
(b)
(b) any provision made by a membership organisation which exceeds the likely cost to that party of the premium of an insurance policy against the risk of incurring a liability to pay the costs of other parties to the proceedings;
(c)
(c) any additional liability for any period in the proceedings during which he failed to provide information about a funding arrangement in accordance with a rule, practice direction or court order;
(d)
(d) any percentage increase where a party has failed to comply with—
(i) a requirement in the costs practice direction; or
(ii) a court order,
to disclose in any assessment proceedings the reasons for setting the percentage increase at the level stated in the conditional fee agreement.
(2) This rule does not apply in an assessment under rule 48.9 (assessment of a solicitor’s bill to his client).
(Rule 3.9 sets out the circumstances the court will consider on an application for relief from a sanction for failure to comply with any rule, practice direction or court order)”.
In rule 44.4, paragraph (5) is revoked.
15. In rule 44.4, paragraph (5) is revoked.
16. In rule 44.8—
(a) at the end of paragraph (a), omit “or”;
(b) at the end of paragraph (b), insert “; or”;
(c) after paragraph (b), insert—
“(...
To continue reading
Request your trial