The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013

JurisdictionUK Non-devolved
CitationSI 2013/92

2013 No. 92

Legal Services, England And Wales

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013

Made 21th January 2013

Laid before Parliament 24th January 2013

Coming into force 1st April 2013

The Lord Chancellor, in exercise of the powers conferred on him by section 58C(2) to (4) of the Courts and Legal Services Act 19901makes the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013 and shall come into force on 1st April 2013.

S-2 Costs order may require payment of an amount of the relevant part of the premium

Costs order may require payment of an amount of the relevant part of the premium

2.—(1) Subject to paragraph (2), a costs order made in favour of a party to clinical negligence proceedings may include provision requiring the payment of an amount in respect of the relevant part of the premium of a costs insurance policy taken out by that party which insures against the risk of incurring liability to pay for one or more expert reports in connection with the proceedings (or against that risk and other risks).

(2) A costs order may not require the payment of an amount in respect of the relevant part of the premium which relates to the liability to pay for any expert report if—

(a)

(a) the report was not in the event obtained;

(b)

(b) the report did not relate to liability or causation; or

(c)

(c) the cost of the report is not allowed under the costs order.

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

21st January 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, to be recovered from the losing party.

Section 46 (recovery of insurance premiums by way of costs) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10)(“the 2012 Act”), which comes into force on the same date as these Regulations, repeals section 29 and makes new provision relating to the...

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