The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No. 2) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/739 |
2013 No. 739
Legal Services, England And Wales
The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No. 2) Regulations 2013
Made 26th March 2013
Laid before Parliament 28th March 2013
Coming into force 1st April 2013
The Lord Chancellor, in exercise of the powers conferred on him by section 58C of the Courts and Legal Services Act 19901makes the following Regulations:
Citation and commencement
1.—(1) These Regulations may be cited as the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No.2) Regulations 2013 and shall come into force on 1st April 2013.
Revocation of the 2013 Regulations
2. The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 20132are revoked.
Costs order may require payment of an amount of the relevant part of the premium
3.—(1) A costs order made in favour of a party to clinical negligence proceedings who has taken out a costs insurance policy may include provision requiring the payment of an amount in respect of all or part of the premium of that policy if—
(a)
(a) the financial value of the claim for damages in respect of clinical negligence is more than £1,000; and
(b)
(b) the costs insurance policy insures against the risk of incurring a liability to pay for an expert report or reports relating to liability or causation in respect of clinical negligence (or against that risk and other risks).
(2) The amount of the premium that may be required to be paid under the costs order shall not exceed that part of the premium which relates to the risk of incurring liability to pay for an expert report or reports relating to liability or causation in respect of clinical negligence in connection with the proceedings.
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
26th March 2013
EXPLANATORY NOTE
(This note is not part of the Order)
Section 29 of the Access to Justice Act 1999 (c.22) provided for the recovery, by way of costs, of after the event insurance premiums from a losing party in civil proceedings. The effect of this provision was to enable the costs of any insurance policy, taken out by a party to insure against the risk of having to pay their opponent’s costs and their own disbursements if they lost their case...
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