The Civil Procedure (Amendment) Rules 2008

Amendments to the Civil Procedure Rules 1998

23.  In Part 44—

(a) in the table of contents, after the entry “Limits on recovery under funding arrangements” insert the entry—

“Orders in respect of pro bono representation  Rule 44.3C”;

(b) in rule 44.1, for “costs and entitlement to costs” substitute “costs, entitlement to costs and orders in respect of pro bono representation”;

(c) after rule 44.3B insert—

“Orders in respect of pro bono representation

44.3C— (1) In this rule, “the 2007 Act” means the Legal Services Act 2007.

(2) Where the court makes an order under section 194(3) of the 2007 Act—

(a) the court may order the payment to the prescribed charity of a sum no greater than the costs specified in Part 45 to which the party with pro bono representation would have been entitled in accordance with that Part and in respect of that representation had it not been provided free of charge; or

(b) where Part 45 does not apply, the court may determine the amount of the payment (other than a sum equivalent to fixed costs) to be made by the paying party to the prescribed charity by—

(i) making a summary assessment; or

(ii) making an order for detailed assessment,

of a sum equivalent to all or part of the costs the paying party would have been ordered to pay to the party with pro bono representation in respect of that representation had it not been provided free of charge.

(3) Where the court makes an order under section 194(3) of the 2007 Act, the order must specify that the payment by the paying party must be made to the prescribed charity.

(4) The receiving party must send a copy of the order to the prescribed charity within 7 days of receipt of the order.

(5) Where the court considers making or makes an order under section 194(3) of the 2007 Act, Parts 43 to 48 apply, where appropriate, with the following modifications—

(a) references to “costs orders”, “orders about costs” or “orders for the payment of costs” are to be read, unless otherwise stated, as if they refer to an order under section 194(3);

(b) references to “costs” are to be read, as if they referred to a sum equivalent to the costs that would have been claimed by, incurred by or awarded to the party with pro bono representation in respect of that representation had it not been provided free of charge; and

(c) references to “receiving party” are to be read, as meaning a party who has pro bono representation and who would have been entitled to be paid costs in respect of that representation had it not been provided free of charge.”;

(d) in rule 44.12, after paragraph (1) insert—

“(1A) Where such an order is deemed to be made in favour of a party with pro bono representation, that party may apply for an order under section 194(3) of the Legal Services Act 2007.”; and

(e) in rule 44.13(1)—

(i) for sub-paragraph (a) substitute—

“(a) subject to paragraphs (1A) and (1B), the general rule is that no party is entitled—

(i) to costs; or

(ii) to seek an order under section 194(3) of the Legal Services Act 2007,

in relation to that order; but”; and

(ii) in sub-paragraph (b) for “him” substitute “that party”.