Civil Procedure (Amendment No. 2) Rules 2003

JurisdictionUK Non-devolved
CitationSI 2003/1242

2003 No. 1242 (L.26)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment No. 2) Rules 2003

Made 30th April 2003

Laid before Parliament 7th May 2003

Coming into force 2nd June 2003

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

Citation, commencement and interpretation

S-1 These Rules may be cited as the Civil Procedure (Amendment No....

1. These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2003 and shall come into force on 2nd June 2003.

S-2 In these Rules— a reference to a Part or rule by number alone...

2. In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 19982; and

(b) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

S-3 In rule 2.1, in the table at the end of paragraph (2), insert—...

3. In rule 2.1, in the table at the end of paragraph (2), insert—

(a) at the end of the first column, “7. Election petitions in the High Court”; and

(b) at the end of the second column, “Representation of the People Act 19833, s.182”.

S-4 In rule 3.7, for paragraph (7), substitute— 7 If— a a claimant...

4. In rule 3.7, for paragraph (7), substitute—

S-7

“7 If—

(a) a claimant applies to have the claim reinstated; and

(b) the court grants relief,

the relief shall be conditional on the claimant either paying the fee or filing evidence of exemption from payment or remission of the fee within the period specified in paragraph (8).

S-8

8 The period referred to in paragraph (7) is—

(a) if the order granting relief is made at a hearing at which a claimant is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the claimant.”.

S-5 In rule 43.2— after paragraph (1), omit the cross-reference;...

5. In rule 43.2—

(a) after paragraph (1), omit the cross-reference;

(b) after paragraph (2), insert—

S-3

“3 Where advocacy or litigation services are provided to a client under a conditional fee agreement, costs are recoverable under Parts 44 to 48 notwithstanding that the client is liable to pay his legal representative’s fees and expenses only to the extent that sums are recovered in respect of the litigation, whether by way of costs or otherwise.

S-4

4 In paragraph (3), the reference to a conditional fee agreement is to an agreement which satisfies all the conditions applicable to it by virtue of section 58 of the Courts and Legal Services Act 19904.”.

Transitional provision
S-6 Transitional provision

Transitional provision

6. Rule 5(b) of these Rules has effect only where the...

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