Transitional provisions

39.—(1) This rule applies where a person has—

(a)entered into a funding arrangement, and

(b)started proceedings in respect of a claim the subject of that funding arrangement,

before the date on which these Rules come into force.

(2) Any requirement imposed—

(a)by any provision of the Civil Procedure Rules 1998 amended by these Rules, or

(b)by a practice direction

in respect of that funding arrangement may be complied with within 28 days of the coming into force of these Rules, and that compliance shall be treated as compliance with the relevant rule or practice direction.

(3) For the purpose of this rule, “funding arrangement” means an arrangement where a person has—

(a)entered into a conditional fee agreement which provides for a success fee within the meaning of section 58(2) of the Courts and Legal Services Act 1990;

(b)taken out an insurance policy to which section 29 of the Access to Justice Act 1999 (recovery of insurance premiums by way of costs) applies; or

(c)made an agreement with a membership organisation prescribed for the purpose of section 30 of the Access to Justice Act 1999 (recovery where body undertakes to meet cost liabilities) to meet his legal costs.