Regulation 3 Requirements for arrangements to meet costs liabilities

(1)

Section 30(1) of the Access to Justice Act 1999 applies to arrangements which satisfy the following conditions.

(2)

The arrangements must be in writing.

(3)

The arrangements must contain a statement specifying—

(a)

the circumstances in which the member or other party may be liable to pay costs of the proceedings,

(b)

whether such a liability arises—

(i)

if those circumstances only partly occur,

(ii)

irrespective of whether those circumstances occur, and

(iii)

on the termination of the arrangements for any reason,

(c)

the basis on which the amount of the liability is calculated, and

(d)

the procedure for seeking assessment of costs.

(4)

A copy of the part of the arrangements containing the statement must be given to the member or other party to the proceedings whose liabilities the body is undertaking to meet as soon as possible after the undertaking is given.