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Litigation Letter

Costs-only disbursements

CPR rule 45.10 has been amended to clarify that, in costs-only proceedings brought under Section II of Part 45 by a party funded by a body which indemnifies its members or other persons against liabilities for costs which they may incur in proceedings, the court may allow that party as a disbursement a sum not exceeding such amount as would be allowed under s30 of the Access to Justice Act 1999. This is achieved by amending rule 44.10(2)(b) to read: ‘The amount of an insurance premium; or, where a body of a prescribed description within the meaning of section 30 (1) of the Access to Justice Act 1999 undertakes to meet liabilities incurred to pay the costs of other parties to the proceedings, a sum not exceeding such additional amount of costs as would be allowed under section 30 in respect of provision made against the risk of having to meet such liabilities.’

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