The Civil Procedure (Amendment No. 3) Rules 2000

Amendments to Civil Procedure Rules 1998

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—

(a) an allocation questionnaire; or

(b) a listing questionnaire,

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—

(a) the court disallows any amount of a legal representative’s percentage increase in summary or detailed assessment proceedings; and

(b) the legal representative applies for an order that the disallowed amount should continue to be payable by his client,

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—

(a) section 11 of the Access to Justice Act 1999, and provisions made under that Act, or

(b) regulations made under the Legal Aid Act 1988(1),

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)”.

(1)

1988 c. 34.