Statutory Instrument 2000 No. 1317 (L. 11)

The Civil Procedure (Amendment No. 3) Rules 2000

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STATUTORY INSTRUMENTS

2000 No. 1317 (L. 11)
SUPREME COURT OF ENGLAND AND WALES COUNTY 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 1997[1] to 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 1998[2].

Amendments to Civil Procedure Rules 1998
     3. In rule 6.20, after paragraph (3) insert -

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 2000[

(b) if that person wishes to continue -

(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 -

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 -

" (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 1990[

(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) "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) "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) "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 2000[7] and the Access to Justice (Membership Organisations) Regulations 2000[8] contain 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 -

(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) 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) 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) 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) any percentage increase where a party has failed to comply with -

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)".

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 -

17. After rule 44.12, insert -

" Costs-only proceedings

44.12A

- (1) This rule sets out a procedure which may be followed where -

    (2) Either party to the agreement may start proceedings under this rule by issuing a claim form in accordance with Part 8.

    (3) The claim form must contain or be accompanied by the agreement or confirmation.

    (4) In proceedings to which this rule applies the court -

and

(b) must dismiss the claim if it is opposed.

(5) Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to claims started under the procedure in this rule. (Rule 7.2 provides that proceedings are started when the court issues a claim form at the request of the claimant)

(Rule 8.1(6) provides that a practice direction may modify the Part 8 procedure)".

18. In rule 44.14, for sub-paragraph (a) of paragraph (1), substitute -

19. After rule 44.14, insert -

" Providing information about funding arrangements

44.15

- (1) A party who seeks to recover an additional liability must provide information about the funding arrangement to the court and to other parties as required by a rule, practice direction or court order.

(2) Where the funding arrangement has changed, and the information a party has previously provided in accordance with paragraph (1) is no longer accurate, that party must file notice of the change and serve it on all other parties within 7 days.

(3) Where paragraph (2) applies, and a party has already filed -

he must file and serve a new estimate of costs with the notice.

(The costs practice direction sets out -

the information to be provided when a party issues or responds to a claim form, files an allocation questionnaire, a listing questionnaire, and a claim for costs;

the meaning of estimate of costs and the information required in it) (Rule 44.3B sets out situations where a party will not recover a sum representing any additional liability)

Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase
44.16
Where -
the court may adjourn the hearing to allow the legally represented party to be notified of the order sought.

(Regulation 3(2)(b) of the Conditional Fee Agreements Regulations 2000 provides that a conditional fee agreement which provides for a success fee must state that any amount of a percentage increase disallowed on assessment ceases to be payable unless the court is satisfied that it should continue to be so payable)

Application of costs rules
44.17 This Part and Part 45 (fixed costs), Part 46 (fast track trial costs), Part 47 (procedure for detailed assessment of costs and default provisions) and Part 48 (special cases), do not apply to the assessment of costs in proceedings to the extent that -
make different provision. (The costs practice direction sets out the procedure to be followed where a party was wholly or partially funded by the Legal Services Commission)".

20. In rule 45.1 -

(a) omit paragraph (3); and

(b) paragraph (4) stands as paragraph (3).

21. In rule 46.3, before paragraph (3), insert -

" (2A) The court may in addition award a sum representing an additional liability.

(The requirements to provide information about a funding arrangement where a party wishes to recover any additional liability under a funding arrangement are set out in the costs practice direction)

("Additional liability" is defined in rule 43.2)"

.

22. In Part 47, in the list of contents,

(a) for the words "VI DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND", substitute " VI DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND"; and

(b) after "Rule 47.17" insert -

Detailed assessment procedure where costs are payable out of a fund other than the Community Legal Service Fund

Rule 47.17A".

23. In rule 47.8, paragraph (4) -

(a) for "Legal Aid Fund", substitute "Community Legal Service Fund "; and

(b) for "Legal Aid Board", substitute "Legal Services Commission".

24. In rule 47.10, for paragraph (2) substitute -

" (2) An application for a certificate under paragraph (1) must be made to the court which would be the venue for detailed assessment proceedings under rule 47.4.".

25. After rule 47.13, insert -

" (The costs practice direction sets out the meaning of reply)

.

26.

In Part 47, for the section heading "SECTION VI - DETAILED ASSESSMENT PROCEDURE FOR COSTS OF AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE LEGAL AID FUND", substitute "SECTION VI - DETAILED ASSESSMENT PROCEDURE FOR COSTS OF A LSC FUNDED CLIENT OR AN ASSISTED PERSON WHERE COSTS ARE PAYABLE OUT OF THE COMMUNITY LEGAL SERVICE FUND".

27.

In rule 47.17 (including the title) -

(b) in the title, after "for costs of", insert "a LSC funded client or";

(c) in paragraph (1), after "costs of", insert "a LSC funded client or";

(d) in paragraph (3), after "assessment on", insert "the LSC funded client or"; and

(e) in paragraph (4), after "certified that", insert "the LSC funded client or".

28. After rule 47.17, insert -

" Detailed assessment procedure where costs are payable out of a fund other than the Community Legal Service Fund

47.17A

- (1) Where the court is to assess costs which are payable out of a fund other than the Community Legal Service Fund, the receiving party may commence detailed assessment proceedings by filing a request in the relevant practice form.

    (2) A request under paragraph (1) must be filed within 3 months after the date when the right to detailed assessment arose.

    (3) The court may direct that the party seeking assessment serve a copy of the request on any person who has a financial interest in the outcome of the assessment.

    (4) The court will, on receipt of the request for assessment, provisionally assess the costs without the attendance of the receiving party, unless it considers that a hearing is necessary.

    (5) After the court has provisionally assessed the bill, it will return the bill to the receiving party.

    (6) The court will fix a date for an assessment hearing if the party informs the court, within 14 days after he receives the provisionally assessed bill, that he wants the court to hold such a hearing.".

29. In rule 47.19, in the cross-reference, after "receiving party is", insert "a LSC funded client or".

30. In rule 47.20 -

(a) the text, excluding the cross-reference, stands as paragraph (1), and

(b) after paragraph (1) insert -

" (2) For the purposes of this Section, a LSC funded client or an assisted person is not a party to detailed assessment proceedings.".

31. In rule 47.22, in sub-paragraph (b) of paragraph (2), after "appeal ", insert "hearing".

32. In Part 48, in the list of contents, after "48.6" insert -

Costs where the court has made a Group Litigation Order 48.6A".

33. In rule 48.2, in sub-paragraph (a)(i) of paragraph (2), for "Legal Aid Board" substitute "Legal Services Commission".

34. After rule 48.6, insert -

" Costs where the court has made a Group Litigation Order

48.6A

- (1) This rule applies where the court has made a Group Litigation Order (" GLO").

(2) In this rule -

(3) Unless the court orders otherwise, any order for common costs against group litigants imposes on each group litigant several liability⁽^G^L⁾ for an equal proportion of those common costs.

(4) The general rule is that where a group litigant is the paying party, he will, in addition to any costs he is liable to pay to the receiving party, be liable for -

(5) Where the court makes an order about costs in relation to any application or hearing which involved -

the court will direct the proportion of the costs that is to relate to common costs and the proportion that is to relate to individual costs.

(6) Where common costs have been incurred before a claim is entered on the group register, the court may order the group litigant to be liable for a proportion of those costs.

(7) Where a claim is removed from the group register, the court may make an order for costs in that claim which includes a proportion of the common costs incurred up to the date on which the claim is removed from the group register. (Part 19 sets out rules about group litigation)."

35. In rule 48.7, paragraph (3) is revoked.

36. In rule 48.8,

(a) in sub-paragraph (a) of paragraph (1) -

(b) in sub-paragraph (b) of paragraph (1) after "1990", insert "whenever it was made".

37. In rule 48.9, paragraph (1) after "1990", insert "as it was in force before 1st April 2000".

38. In Schedule 2, CCR Order 49 rule 17 -

(a) for the title, substitute "Sex Discrimination Act 1975[