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Civil way: 10 October 2008

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09 October 2008
Issue: 7340 / Categories: Features , Procedure & practice
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Procedure & practice

We continue our summary of those provisions of the CPR 47th update which came into force on 1 October 2008 (see NLJ, 26 September 2008, p 1,333 and 3 October 2008, p 1,370 for previous doses).
Recoverable benefits

There are amendments to rr 36.9 and 36.15 and PD 36 to cater for the recovery of lump sum payments of benefit where there is a Pt 36 offer to settle. PD 40 on judgments and orders is also tinkered with on recoverable benefits.
Cheap but expensive

The Legal Services Act 2007, s 194 was brought into effect on 1 October 2008 and enables an award of costs in civil and family proceedings notwithstanding that the “receiving” party has enjoyed legal representation provided free of charge. A prescribed charity—the Access to Justice Foundation—will be the beneficiary of the costs and will administer and distribute to voluntary organisations that provide legal support. Amendments are made principally to Pts 44 and 47 (rr 23 and 25) and to the costs PD.
“See you in court”

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