Statutory Instruments
2013 No. 92
Legal Services, England And Wales
The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 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 1990( ) makes the following Regulations:
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.
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) the report was not in the event obtained;
(b) the report did not relate to liability or causation; or
(c) the cost of the report is not allowed under the costs order.
Signed by authority of the Lord Chancellor
Helen Grant
Parliamentary Under Secretary of State
Ministry of Justice
21st January 2013
The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013 (2013/92)
| Defined Term | Section/Article | ID | Scope of Application |
|---|
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.
Status of changes to instrument text
The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.