The Civil Procedure (Amendment) Rules 2010

Rule 6(h)

SCHEDULE 1

“SECTION II RTA PROTOCOL OFFERS TO SETTLE

Scope of this Section

36.16.— (1) Where this Section applies Section I does not apply.

(2) This Section applies to an offer to settle where the parties have followed the RTA Protocol and started proceedings under Part 8 in accordance with Practice Direction 8B (“the Stage 3 Procedure”).

(3) A reference to the “Court Proceeding Pack Form” is a reference to the form used in the RTA Protocol.

(4) Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with this Section, it will not have any costs consequences.

Form and content of an RTA Protocol offer

36.17.— (1) An offer to settle which is made in accordance with this rule is called an RTA Protocol offer.

(2) An RTA Protocol offer must—

(a) be set out in the Court Proceedings Pack (Part B) Form; and

(b) contain the final total amount of the offer from both parties.

Time when an RTA Protocol offer is made

36.18.   The RTA Protocol offer is deemed to be made on the first business day after the Court Proceedings Pack (Part A and Part B) Form is sent to the defendant.

General provisions

36.19.   An RTA Protocol offer—

(a) is treated as exclusive of all interest; and

(b) has the consequences set out in this Section only in relation to the fixed costs of the Stage 3 Procedure as provided for in rule 45.29, and not in relation to the costs of any appeal from the final decision of those proceedings.

Restrictions on disclosure of an RTA Protocol offer

36.20.— (1) The amount of the RTA Protocol offer must not be communicated to the court until the claim is determined.

(2) Any other offer to settle must not be communicated to the court at all.

(3) Once the claim is determined, the court will examine the RTA Protocol offer.

Costs consequences following judgment

36.21.— (1) This rule applies where, on the determination by the court, the claimant obtains judgment against the defendant for an amount of damages that is—

(a) less than or equal to the amount of the defendant’s RTA Protocol offer;

(b) more than the defendant’s RTA Protocol offer but less than the claimant’s RTA Protocol offer; or

(c) equal to or more than the claimant’s RTA Protocol offer.

(2) Where paragraph (1)(a) applies, the court will order the claimant to pay—

(a) the fixed costs in rule 45.38; and

(b) interest on those fixed costs from the first business day after the deemed date of the RTA Protocol offer under rule 36.18.

(3) Where paragraph (1)(b) applies, the court will order the defendant to pay the fixed costs in rule 45.32.

(4) Where paragraph (1)(c) applies, the court will order the defendant to pay—

(a) interest on the whole of the damages awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date specified in rule 36.18;

(b) the fixed costs in rule 45.32; and

(c) interest on those costs at a rate not exceeding 10% above base rate.

Deduction of benefits

36.22.   For the purposes of rule 36.21(1)(a) the amount of the judgment is less than the RTA Protocol offer where the judgment is less than that offer once deductible amounts identified in the judgment are deducted.

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