The Civil Procedure (Amendment) Rules 2008

Amendments to the Civil Procedure Rules 1998

17.  In Part 36—

(a) in the table of contents, for “Deduction of benefits” substitute “Deduction of benefits and lump sum payments”;

(b) in rule 36.9—

(i) in paragraph 3(b), for “benefits” substitute “amounts”; and

(ii) for the second parenthesis below paragraph (3)(d) substitute—

“(Rule 36.15 defines “deductible amounts”.)”;

(c) in rule 36.10—

(i) in paragraph (1), for “his” substitute “the”;

(ii) in paragraph (2), for “his” substitute “the”;

(iii) below the parenthesis following paragraph (3), insert—

“(Rule 44.12 contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)”; and

(iv) in paragraph (5)(a), for “his” substitute “the”; and

(d) in rule 36.15—

(i) for the heading to rule 36.15 and for paragraphs (1) and (2) substitute—

“Deduction of benefits and lump sum payments

36.15.— (1) In this rule and rule 36.9—

(a) “the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997(1);

(b) “the 2008 Regulations” means the Social Security (Recovery of Benefits)(Lump Sum Payments) Regulations 2008(2);

(c) “recoverable amount” means—

(i) “recoverable benefits” as defined in section 1(4)(c) of the 1997 Act; and

(ii) “recoverable lump sum payments” as defined in regulation 4 of the 2008 Regulations;

(d) “deductible amount” means—

(i) any benefits by the amount of which damages are to be reduced in accordance with section 8 of, and Schedule 2 to the 1997 Act (“deductible benefits”); and

(ii) any lump sum payment by the amount of which damages are to be reduced in accordance with regulation 12 of the 2008 Regulations (“deductible lump sum payments”); and

(e) “certificate”—

(i) in relation to recoverable benefits is construed in accordance with the provisions of the 1997 Act; and

(ii) in relation to recoverable lump sum payments has the meaning given in section 29 of the 1997 Act as applied by regulation 2 of, and modified by Schedule 1 to the 2008 Regulations.

(2) This rule applies where a payment to a claimant following acceptance of a Part 36 offer would be a compensation payment as defined in section 1(4)(b) or 1A(5)(b) of the 1997 Act.”;

(ii) in paragraph (3)—

(aa) in sub-paragraph (a), for “benefits” substitute “amounts”; and

(bb) in sub-paragraph (b) for “benefits” substitute “amounts”;

(iii) in paragraph (5), omit “of recoverable benefits”;

(iv) in paragraph (6)(b)—

(aa) for “benefit” substitute “amount”; and

(bb) for “that” substitute “the”;

(v) in paragraph (6)(c), for “after deduction of the amount of benefit” substitute “of compensation”;

(vi) for paragraph (7) substitute—

“(7) If at the time the offeror makes the Part 36 offer, the offeror has applied for, but has not received a certificate, the offeror must clarify the offer by stating the matters referred to in paragraphs (6)(b) and (6)(c) not more than 7 days after receipt of the certificate.”;

(vii) in paragraph (8)—

(aa) for “he” substitute “the claimant”; and

(bb) for “benefits” substitute “amounts”;

(viii) for the parenthesis following paragraph (8) substitute—

“(Section 15(2) of the 1997 Act provides that the court must specify the compensation payment attributable to each head of damage. Schedule 1 to the 2008 Regulations modifies section 15 of the 1997 Act in relation to lump sum payments and provides that the court must specify the compensation payment attributable to each or any dependant who has received a lump sum payment.)”; and

(ix) in paragraph (9) and in the parenthesis following paragraph (9), in each place where it appears, for “benefits” substitute “amounts”.

(1)

1997 c. 27.

(2)

S.I. 2008/1596.