The Civil Procedure (Amendment No. 8) Rules 2014

Amendments to the Civil Procedure Rules 1998

10.  In Part 45—

(a) in rule 45.19—

(i) in paragraph (2A)—

(aa) for subparagraph (a) substitute—

“(a) obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;”; and

(bb) in subparagraph (b), after “further report where justified from” insert “an expert from”;

(ii) in paragraph (2B)—

(aa) for “a report from a medical expert who—” substitute “a report to which paragraph (2A) applies where the medical expert—”; and

(bb) in subparagraph (c), for “that they or an associate provide treatment” substitute “treatment that they or an associate then provide”; and

(iii) for paragraph (2E) substitute—

“(2E) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), and (16A), respectively, of the RTA Protocol.”;

(b) in rule 45.20, for “36.21” substitute “36.29”;

(c) in rule 45.24—

(i) in subparagraph (2), for “Where a judgment is given” substitute “Subject to paragraph (2A), where a judgment is given”; and

(ii) after paragraph (2)(c), insert—

“(2A) Where a judgment is given in favour of the claimant but the claimant did not comply with the process in paragraph 6.3A(2) of the RTA Protocol, the court may not order the defendant to pay the claimant’s costs and disbursements save in exceptional circumstances.”;

(d) in rule 45.26, for “36.21” substitute “36.29”; and

(e) in rule 45.29F—

(i) in paragraph (8), for “36.10A” substitute “36.20”; and

(ii) in paragraph (9), for “36.14A” substitute “36.21”;

(f) in rule 45.29I—

(i) in paragraph (2A)—

(aa) for subparagraph (a) substitute—

“(a) obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;”; and

(bb) in subparagraph (b), after “further report where justified from” insert “an expert from”;

(ii) in paragraph (2B)—

(aa) for “a report from a medical expert who—” substitute “a report to which paragraph (2A) applies where the medical expert—”; and

(bb) in subparagraph (c), for “that they or an associate provide treatment” substitute “treatment that they or an associate then provide”; and

(iii) for paragraph (2E) substitute—

“(2E) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), and (16A), respectively, of the RTA Protocol.”.