Civil Procedure Rules on Costs
The Civil Procedure Rules should be amended to require the court, when considering the appropriate order for costs at the conclusion of proceedings, to take into account the availability of an arbitral system set up by an independent regulator itself recognised by law. The purpose of this recommendation is to provide an important incentive for every publisher to join the new system and encourage those who complain that their rights have been infringed to use it as a speedy, effective and comparatively inexpensive method of resolving disputes.
How was this assessed?
Response
Not Accepted
Response
Not AcceptedThis recommendation was not implemented. The government did not formally respond to civil justice recommendations in the Prime Minister's statement of 29 November 2012. Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive mechanism, was enacted but never commenced. On 1 March 2018, the Secretary of State announced that Section 40 would not be commenced and would be repealed. Section 40 was repealed by Section 50 of the Media Act 2024 (Royal Assent 24 May 2024). Source: https://www.gov.uk/government/speeches/leveson-consultation-response
Published Evidence
Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.
Section 40 of the Crime and Courts Act 2013 would have amended cost considerations to account for regulatory membership. Section 40 was never commenced and was repealed by the Media Act 2024 (Section 50, Royal Assent 24 May 2024).
View detailed findings
The Civil Procedure Rules were never amended. Section 40 was repealed without ever being used.