The Civil Procedure Rules 1998

[F1[F2Costs consequences following judgment where Section IIIA of Part 45 appliesE+W

36.14A.—(1) Where a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1), rule 36.14 applies with the following modifications.

(2) Subject to paragraph (3), where an order for costs is made pursuant to rule 36.14(2)—

(a)the claimant will be entitled to the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 for the stage applicable at the date on which the relevant period expired; and

(b)the claimant will be liable for the defendant’s costs from the date on which the relevant period expired to the date of judgment.

(3) Where the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer—

(a)the claimant will be entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 6 or Table 6A in Section III of Part 45; and

(b)the claimant will be liable for the defendant’s costs from the date on which the Protocol offer is deemed to be made to the date of judgment; and

(c)in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted.

(“Deductible amount” is defined in rule 36.15(1)(d).)

(4) For the purposes of this rule a defendant’s Protocol offer is either—

(a)defined in accordance with rules 36.17 and 36.18; or

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

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

(ii)deemed to be made on the first business day after the claim leaves the Protocol.

(5) A reference to the ‘Court Proceedings Pack Form’ is a reference to the form used in the Protocol.

(6) Fixed costs shall be calculated by reference to the amount which is awarded.

(7) Where the court makes an order for costs in favour of the defendant—

(a)the court will have regard to; and

(b)the amount of costs ordered shall not exceed,

the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 applicable at the date of judgment, less the fixed costs to which the claimant is entitled under paragraph (2) or (3).

(8) The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.]]

Textual Amendments