The Civil Procedure (Amendment) Rules 2010

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2010.

(2) Except as provided in paragraph (3), these Rules come into force on 30th April 2010.

(3) Rule 10(b) of these Rules comes into force on 1st April 2010.

2.  In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(1).

Amendments to the Civil Procedure Rules 1998

3.  After rule 14.1A insert—

“Admissions made under the RTA Protocol

14.1B.— (1) This rule applies to a pre-action admission made in a case to which the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) applies.

(2) The defendant may, by giving notice in writing withdraw an admission of causation—

(a) before commencement of proceedings—

(i) during the initial consideration period (or any extension to that period) as defined in the RTA Protocol; or

(ii) at any time if the person to whom the admission was made agrees; or

(b) after commencement of proceedings—

(i) if all the parties to the proceedings consent; or

(ii) with the permission of the court.

(3) The defendant may, by giving notice in writing withdraw any other pre-action admission after commencement of proceedings—

(a) if all the parties to the proceedings consent; or

(b) with the permission of the court.

(4) An application under rule 14.1B(2)(b)(ii) or (3)(b) to withdraw a pre-action admission must be made in accordance with Part 23.”

4.  In rule 21.10(3), after “Section II” insert “or Section VI”.

5.  In rule 27.14(2)—

(a) in sub-paragraph (f), after “;” omit “and”;

(b) in sub-paragraph (g), for “.” substitute “; and”; and

(c) after sub-paragraph (g) insert—

“(h) the Stage 1 and, where relevant, the Stage 2 fixed costs in rule 45.29 where—

(i) the claim was within the scope of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”);

(ii) the claimant reasonably believed that the claim was valued at more than the small claims track limit in accordance with paragraph 4.1(4) of the RTA Protocol; and

(iii) the defendant admitted liability under the process set out in the RTA Protocol; but

(iv) the defendant did not pay those Stage 1 and, where relevant, Stage 2 fixed costs.”.

6.  In Part 36—

(a) in the table of contents—

(i) for “Scope of this Part    Rule 36.1” substitute—

“Scope of this Part	Rule 36.A1
Section I – Part 36 offers to settle
Scope of this Section	Rule 36.1”; and

(ii) after “Deduction of benefits and lump sum payments    Rule 36.15” insert—

“Section II – RTA Protocol offers to settle
Scope of this Section	Rule 36.16
Form and content of an RTA Protocol offer	Rule 36.17
Time when an RTA Protocol offer is made	Rule 36.18
General provisions	Rule 36.19
Restrictions on disclosure of an RTA Protocol offer	Rule 36.20
Costs consequences following judgment	Rule 36.21
Deduction of benefits	Rule 36.22”;

(b) for rule 36.1(1) and the heading to that rule substitute—

“Scope of this Part

36.— (1) This Part contains rules about—

(a) offers to settle; and

(b) the consequences where an offer to settle is made in accordance with this Part.

(2) Section I of this Part contains rules about offers to settle other than where Section II applies.

(3) Section II of this Part contains rules about offers to settle where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) and have started proceedings under Part 8 in accordance with Practice Direction 8B.

SECTION I PART 36 OFFERS TO SETTLE

Scope of this Section

36.1.— (1) This Section does not apply to an offer to settle to which Section II of this Part applies.”;

(c) in rule 36.1(2) for “Part” substitute “Section”;

(d) in the parenthesis below rule 36.1(2), for “Part” substitute “Section”;

(e) in rule 36.2(2)(b), after “consequences of” insert “Section I of”;

(f) in rule 36.3(4), for “in this Part” substitute “in this Section”;

(g) in the parenthesis below rule 36.14(6), for “Part” substitute “Section”; and

(h) after rule 36.15 insert Section II (RTA Protocol offers to settle) as set out in Schedule 1 to these Rules.

7.  In Part 44—

(a) in rule 44.12A(4A), after “Section II” insert “or Section VI”; and

(b) after rule 44.12B insert—

“Costs-only application after a claim is started under Part 8 in accordance with Practice Direction 8B

44.12C.— (1) This rule sets out the procedure where—

(a) the parties to a dispute have reached an agreement on all issues (including which party is to pay the costs) which is made or confirmed in writing; but

(b) they have failed to agree the amount of those costs; and

(c) proceedings have been started under Part 8 in accordance with Practice Direction 8B.

(2) Either party may make an application for the court to determine the costs.

(3) Where an application is made under this rule the court will assess the costs in accordance with rule 45.34 or rule 45.37.

(4) Rule 48.3 (amount of costs where costs are payable pursuant to a contract) does not apply to an application under this rule.

(Practice Direction 8B sets out the procedure for a claim where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.)” .

8.  In Part 45—

(a) at the end of the table of contents insert—

“Section VI – Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Scope and interpretation	Rule 45.27
Application of fixed costs, disbursements and success fee	Rule 45.28
Amount of fixed costs	Rule 45.29
Disbursements	Rule 45.30
Success fee	Rule 45.31
Where the claimant obtains judgment for an amount more than the defendant’s RTA Protocol offer	Rule 45.32
Settlement at Stage 2 where the claimant is a child	Rule 45.33
Settlement at Stage 3 where the claimant is a child	Rule 45.34
Where the court orders the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child	Rule 45.35
Failure to comply or electing not to continue with the RTA Protocol – costs consequences	Rule 45.36
Where the parties have settled after proceedings have started	Rule 45.37
Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offer	Rule 45.38
Adjournment	Rule 45.39
Account of payment of Stage 1 fixed costs	Rule 45.40”;

(b) for rule 45.7(3) substitute—

“(3) This Section does not apply where—

(a) the claimant is a litigant in person; or

(b) Section VI of this Part applies.”;

(c) in rule 45.15(4)—

(i) in sub-paragraph (b) omit “or”;

(ii) in sub-paragraph (c) for “.” substitute “; or”; and

(iii) after sub-paragraph (c) insert—

“(d) to a claim to which Section VI of this Part applies.”; and

(d) after rule 45.26, insert Section VI (Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents) as set out in Schedule 2 to these Rules.

9.  In rule 48.5(2)(b)(ii), after “Section II” insert “or Section VI”.

10.  In Part 55—

(a) in rule 55.10(2)—

(i) in sub-paragraph (a) omit “and”;

(ii) in sub-paragraph (b), for “.” substitute “; and”; and

(iii) after sub-paragraph (b) insert—

“(c) any registered proprietor (other than the claimant) of a registered charge over the property.”; and

(b) in rule 55.11(3), after “registered social landlord” insert “or a private registered provider of social housing”.

Neuberger of Abbotsbury, M.R.

Martin Moore-Bick, L.J.

Rupert Jackson, L.J.

Launcelot Henderson, J.

Master Barbara Fontaine

HHJ Stephen Stewart Q.C.

District Judge Robert Hill

William Featherby Q.C.

David di Mambro

Nicholas Bacon

Amanda Stevens

Katy Peters

David Grant

Tim Lett

I allow these Rules

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th March 2010