The Civil Procedure (Amendment) Rules 2008

Amendments to the Civil Procedure Rules 1998

25.  In Part 47—

(a) for rule 47.5 substitute—

“Application of this Section

47.5   This Section of Part 47 applies where a cost officer is to make a detailed assessment of—

(a) costs which are payable by one party to another; or

(b) the sum which is payable by one party to the prescribed charity pursuant to an order under section 194(3) of the Legal Services Act 2007.”;

(b) in rule 47.11—

(i) in paragraph (1), for “he” substitute “that party”;

(ii) in paragraph (3)—

(aa) for “him” substitute “that party”; and

(bb) for “shall” substitute “will”; and

(iii) after paragraph (3) insert—

“(4) A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007 must send a copy of the default costs certificate to the prescribed charity.”;

(c) in rule 47.12, after the parenthesis below paragraph (4) insert—

“(5) Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.”;

(d) in rule 47.15, after paragraph (3) insert—

“(4) Where the court—

(a) issues an interim costs certificate; or

(b) amends or cancels an interim certificate,

in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the interim costs certificate or the order amending or cancelling the interim costs certificate to the prescribed charity.”;

(e) in rule 47.16, after the parenthesis below paragraph (5) insert—

“(6) Where the court issues a final costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the final costs certificate to the prescribed charity.”; and

(f) in rule 47.18—

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

(ii) after paragraph (1) insert—

“(1A) Paragraph (1) does not apply where the receiving party has pro bono representation in the detailed assessment proceedings but that party may apply for an order in respect of that representation under section 194(3) of the Legal Services Act 2007.”.