This Statutory Instrument has been made in consequence of defects in S.I.2013/92 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
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 1990( 1 ) makes the following Regulations:
Citation and commencement
Revocation of the 2013 Regulations
Costs order may require payment of an amount of the relevant part of the premium
(a) the financial value of the claim for damages in respect of clinical negligence is more than £1,000; and
(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.
Signed by authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
26th March 2013
1990 c.41 . Section 58C was inserted by section 46 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) .