Costs protection

The Community Legal Service (Costs) Regulations 2000 were amended with effect from 7 April, by adding to the statement of resources to be made by the receiving party in the determination of the liability of a funded party a declaration stating whether he, and if applicable, his partner, has deliberately foregone or deprived himself of any resources or expectations, together (if applicable and as far as practical) with details of those resources and expectations and the manner in which they have been foregone or deprived. A statement of resources is no longer required by a receiving party claiming against the Legal Services Commission where the costs were incurred on appeal and it is made clear that the personal resources of a litigation friend are not to be taken into account in the assessment of the resources of a child or patient under s11 of the Access to Justice Act 1999.