The Access to Justice Act 1999 (Transitional Provisions) Order 2000

Explanatory Note

(This note is not part of the Order)

This Order contains transitional provisions relating to the coming into force, on 1st April 2000, of sections 27, 29 and 30 of the Access to Justice Act 1999.

It provides that paragraphs (6) and (7) of section 58A of the Courts and Legal Services Act 1990 (which are inserted by section 27 of the 1999 Act and relate to the recovery), under a costs order, of fees under a conditional fee agreement), and sections 29 (Recovery of insurance premiums by way of costs) and 30 (Recovery where body undertakes to meet costs liabilities), do not apply to, respectively, conditional fee agreements, insurance policies or a body’s undertaking to meet costs liabilities, where there is a conditional fee agreement, insurance policy or undertaking in force before 1st April 2000 in respect of the same proceedings, or proceedings arising out of the same cause of action. The Order also contains a saving provision in respect of conditional fee agreements entered into before 1st April 2000.