The Civil Procedure (Amendment) Rules 2024

Amendment of Part 26

6.—(1) In 26.7(1)(a), for “when” substitute “after”.

(2) In rule 26.9(10)—

(a) in sub-paragraph (b)—

(i) in paragraph (i), at the end, for “and” substitute “;”; and

(ii) for paragraph (ii) substitute—

“(ii) there has been an admission of liability in full, which means that the defendant accepts that the claimant has suffered loss, including the injury set out in the letter of claim under the Pre-Action Protocol for the Resolution of Clinical Disputes, caused by the defendant’s breach of duty of care; and

(iii) the admission in paragraph (ii) is made in the defendant’s letter of response provided in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes,

provided that the defendant has not raised a defence to the claim under the Limitation Act 1980(1);”;

(b) in sub-paragraph (d), at the end, omit “or”;

(c) in sub-paragraph (e)(ii), at the end, for the full stop substitute “; or”; and

(d) after sub-paragraph (e), insert—

“(f) a claim against a public authority for trespass to the person, unless, having regard to the matters mentioned in rule 26.13(1), the court considers that it would not be in the interests of justice to do so.”.

(1)

1980 c. 58.