The Civil Procedure (Amendment) Rules 2009

Amendments to the Civil Procedure Rules 1998

7.  In Part 44—

(a) in the table of contents, after the entry “Costs-only proceeding” insert—

“Costs-only proceedings – costs in respect of insurance premium in publication cases

Rule 44.12B”;

(b) in rule 44.3B—

(i) at the beginning of paragraph (1), for “A” substitute “Unless the court orders otherwise, a”;

(ii) in paragraph (1)(c)—

(aa) omit “in the proceedings”; and

(bb) for “he” substitute “that party”;

(iii) in paragraph (1)(d)—

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

(bb) for “conditional fee agreement.” substitute “conditional fee agreement;”; and

(iv) after paragraph (1)(d) insert—

“(e) any insurance premium where that party has failed to provide information about the insurance policy in question by the time required by a rule, practice direction or court order.

(Paragraph 9.3 of the Practice Direction (Pre-Action Conduct) provides that a party must inform any other party as soon as possible about a funding arrangement entered into before the start of proceedings.)”;

(c) in rule 44.12A(4), after “(4A)” insert “(and subject to rule 44.12B)”; and

(d) after rule 44.12A insert—

“Costs-only proceedings – costs in respect of insurance premium in publication cases

44.12B.— (1) If in proceedings to which rule 44.12A applies it appears to the court that—

(a) if proceedings had been started, they would have been publication proceedings;

(b) one party admitted liability and made an offer of settlement on the basis of that admission;

(c) agreement was reached after that admission of liability and offer of settlement; and

(d) either—

(i) the party making the admission of liability and offer of settlement was not provided by the other party with the information about an insurance policy as required by the Practice Direction (Pre-Action Conduct); or

(ii) that party made the admission of liability and offer of settlement before, or within 42 days of, being provided by the other party with that information,

no costs may be recovered by the other party in respect of the insurance premium.

(2) In this rule, “publication proceedings” means proceedings for—

(a) defamation;

(b) malicious falsehood; or

(c) breach of confidence involving publication to the public at large.”.