The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013

Citation and commencement

1.  These Regulations may be cited as the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013 and shall come into force on 1st April 2013.

Costs order may require payment of an amount of the relevant part of the premium

2.—(1) Subject to paragraph (2), a costs order made in favour of a party to clinical negligence proceedings may include provision requiring the payment of an amount in respect of the relevant part of the premium of a costs insurance policy taken out by that party which insures against the risk of incurring liability to pay for one or more expert reports in connection with the proceedings (or against that risk and other risks).

(2) A costs order may not require the payment of an amount in respect of the relevant part of the premium which relates to the liability to pay for any expert report if—

(a) the report was not in the event obtained;

(b) the report did not relate to liability or causation; or

(c) the cost of the report is not allowed under the costs order.

Signed by authority of the Lord Chancellor

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

21st January 2013