43.2
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(1)
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In Parts 44 to 48, unless the context otherwise
requires -- costs includes fees, charges,
disbursements, expenses, remuneration, reimbursement allowed to a litigant in
person under rule 48.6, any additional liability incurred under a funding
arrangement and any fee or reward charged by a lay representative for acting on
behalf of a party in proceedings allocated to the small claims track;
- costs judge means a taxing master
of the Supreme Court;
- costs officer means -
- a costs judge;
- a district judge; and
- an authorised court officer;
- authorised court officer means any
officer of -
- a county court;
- a district registry;
- the Principal Registry of the Family
Division; or
- the Supreme Court Costs Office, whom the
Lord Chancellor has authorised to assess costs.
- fund includes any estate or
property held for the benefit of any person or class of person and any fund to
which a trustee or personal representative is entitled in his capacity as
such;
- receiving party means a party
entitled to be paid costs;
- paying party means a party liable
to pay costs;
- assisted person means an assisted
person within the statutory provisions relating to legal aid;
- LSC funded client means an
individual who receives services funded by the Legal Services Commission as
part of the Community Legal Service within the meaning of Part I of the Access
to Justice Act 1999;
- fixed costs means the amounts which
are to be allowed in respect of solicitors charges in the circumstances
set out in Part 45.
- funding arrangement means an
arrangement where a person has -
- entered into a conditional fee agreement or
a collective conditional fee agreement which provides for a success fee within
the meaning of section 58(2) of the Courts and Legal Services Act
1990
(6)
;
- taken out an insurance policy to which
section 29 of the Access to Justice Act 1999 (recovery of insurance premiums by
way of costs) applies; or
- made an agreement with a membership
organisation to meet his legal costs;
- percentage increase means the
percentage by which the amount of a legal representatives fee can be
increased in accordance with a conditional fee agreement which provides for a
success fee;
- insurance premium means a sum of
money paid or payable for insurance against the risk of incurring a costs
liability in the proceedings, taken out after the event that is the subject
matter of the claim;
- membership organisation means a
body prescribed for the purposes of section 30 of the Access to Justice Act
1999 (recovery where body undertakes to meet costs liabilities); and
- additional liability means the
percentage increase, the insurance premium, or the additional amount in respect
of provision made by a membership organisation, as the case may be.
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