The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 36 E+W OFFERS TO SETTLE

Textual Amendments

F1 Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)

[F2 SECTION II E+W Claims to Which Sections VI, VII, or VIII of Part 45 Apply

Textual Amendments

F2 Pt. 36 Section 2 inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(10) (with rule 2)

Scope of this Section and definitions E+W

36.22.— (1) This Section applies where a claim is one to which Section VI, Section VII or Section VIII of Part 45 applies.

(2) In this Section—

(a) “fixed cost medical report” and “soft tissue injury claim” have the meaning ascribed by paragraph 1.1(10A) and (16A) respectively of the RTA Protocol;

(b) for the purposes of rules 36.23 and 36.24, a defendant’s Protocol offer is either—

(i) defined in accordance with rules 36.26 and 36.27; or

(ii) if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant—

(aa) the last offer made by the defendant before the claim leaves the Protocol; and

(bb) deemed to be made on the first business day after the claim leaves the Protocol; and

(c) reference to—

(i) the “Court Proceedings Pack Form” is a reference to the form used in the Protocol; and

(ii) “business day” is a reference to a business day as defined in rule 6.2.]]