The Civil Procedure (Amendment No. 2) Rules 2003

• Citation: S.I. 2003/1242
• Sections: 7

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2003 and shall come into force on 2nd June 2003.

Section 2 Citation, commencement and interpretation

In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ; and

(b) a reference to an Order by number and prefixed by “ CCR ” means the CCR Order so numbered in Schedule 2 to those Rules.

Section 3 Amendments to the Civil Procedure Rules 1998

In rule 2.1, in the table at the end of paragraph (2), insert—

(a) at the end of the first column, “7. Election petitions in the High Court”; and

(b) at the end of the second column, “Representation of the People Act 1983 , s.182”.

Section 4 Amendments to the Civil Procedure Rules 1998

In rule 3.7, for paragraph (7), substitute—

(7) If—

(a) a claimant applies to have the claim reinstated; and

(b) the court grants relief,

the relief shall be conditional on the claimant either paying the fee or filing evidence of exemption from payment or remission of the fee within the period specified in paragraph (8).

(8) The period referred to in paragraph (7) is—

(a) if the order granting relief is made at a hearing at which a claimant is present or represented, 2 days from the date of the order;

(b) in any other case, 7 days from the date of service of the order on the claimant.

Section 5 Amendments to the Civil Procedure Rules 1998

In rule 43.2—

(a) after paragraph (1), omit the cross-reference;

(b) after paragraph (2), insert—

(3) Where advocacy or litigation services are provided to a client under a conditional fee agreement, costs are recoverable under Parts 44 to 48 notwithstanding that the client is liable to pay his legal representative’s fees and expenses only to the extent that sums are recovered in respect of the litigation, whether by way of costs or otherwise.

(4) In paragraph (3), the reference to a conditional fee agreement is to an agreement which satisfies all the conditions applicable to it by virtue of section 58 of the Courts and Legal Services Act 1990 .

Section 6 Transitional provision

Rule 5(b) of these Rules has effect only where the conditional fee agreement which is in issue was entered into on or after 2nd June 2003.

Section 7 Revocation

CCR Order 6, rule 6 is revoked.