- Latest available (Revised)
- Point in Time (31/05/2021)
- Original (As made)
Point in time view as at 31/05/2021.
There are currently no known outstanding effects for the The Civil Procedure (Amendment No. 2) Rules 2021, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—(1) In the list of contents at the beginning of Part 26, after the entry for rule 26.6, insert—
“Road traffic accident related personal injury claims | Rule 26.6A |
Children and protected parties | Rule 26.6B”. |
(2) In rule 26.3(1), for “If a defendant”, substitute “ Subject to rule 26.5A, if a defendant ”.
(3) In rule 26.5(1), for “The court”, substitute “ Subject to rule 26.5A, the court ”.
(4) After rule 26.5, insert—
“26.5A.—(1) This rule applies where—
(a)the parties have followed the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents; and
(b)proceedings have been started under Practice Direction 27B.
(2) Subject to paragraph (3), where this rule applies, the claim shall be treated as allocated to the small claims track when it is issued and rules 26.3, 26.4 and 26.5 will not apply.
(3) Where in any claim started or continued under Practice Direction 27B—
(a)the appropriate court form states that—
(i)the amount claimed is more than £10,000; or
(ii)the claim for personal injury damages is more than £5,000; or
(b)rule 26.6A applies,
a court officer must refer the claim to a judge for allocation to a track and to give directions.”.
(5) In rule 26.6—
(a)for paragraph (1)(a)(ii), substitute—
“(ii)the value of any claim for damages for personal injuries is not more than—
(aa)£5,000 in a claim for personal injuries arising from a road traffic accident, except as provided in sub-paragraph (bb);
(bb)£1,000 in a claim for personal injuries arising from a road traffic accident, in any of the circumstances specified in rule 26.6A; or
(cc)£1,000 in any other claim for personal injuries;”.
(b)after paragraph (2), insert—
“(2A) ‘Road traffic accident’ means an accident resulting in a bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory provisions as defined by section 53 of the Health and Safety at Work etc. Act 1974 M1.”;
(c)after rule 26.6, insert—
26.6A. The circumstances referred to in rule 26(1)(a)(ii)(bb) are—
(a)the accident occurred before 31st May 2021;
(b)unless rule 26.6B applies, on the date that proceedings are started, the claimant is—
(i)a child; or
(ii)a protected party;
(c)when the accident occurred, the claimant was—
(i)using a motor cycle;
(ii)a pillion passenger on, or a passenger in a sidecar attached to, a motor cycle;
(iii)using a wheelchair, a powered wheelchair or a mobility scooter M2;
(iv)using a bicycle or other pedal cycle;
(v)riding a horse; or
(vi)a pedestrian;
(d)unless rule 26.6B applies, on the date that proceedings are started—
(i)the claimant is an undischarged bankrupt; or
(ii)the claimant or defendant acts as a personal representative of a deceased person; or
(e)unless rule 26.6B applies, on the date of the accident, the defendant's vehicle was registered outside the United Kingdom.
26.6B.—(1) The fast track is the normal track where a claim—
(a)is for personal injuries arising from a road traffic accident which occurs on or after 31st May 2021;
(b)is made by—
(i)a child or a protected party; or
(ii)a person who, on the date the claim was first presented via the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, was a child; and
(c)consists of, or includes, a claim for a whiplash injury.
(2) Where this rule applies, the claim must not be allocated to the small claims track.
(3) ‘Whiplash injury’ has the meaning ascribed to it by paragraph 1.2(38) of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.”.
(6) In rule 26.7, for “under rule 26.6”, substitute “ under rules 26.6, 26.6A or 26.6B ”.
Commencement Information
Marginal Citations
M11974 c. 37. Which has been amended by the Employment Protection Act 1975 (c. 71), sections 116 and 125(3), Schedule 15, paragraph 18, the Consumer Protection Act 1987 (c. 43), section 36, Schedule 3, S.I. 2008/960, articles 3 and 17(a) and (b), the Police (Health And Safety) Act 1997 (c. 42), section 6(1), the Local Government (Wales) Act 1994 (c. 19), sections 22(3) and 66(8), Schedule 9, paragraph 9 and Schedule 18, the Local Government Act 1985 (c. 51), section 102, Schedule 17, the Local Government etc (Scotland) Act 1994 (c. 39), section 180(1), Schedule 13 paragraph 93(3), the Energy Act 2013 (c. 32) section 116, Schedule 12, Part 1, paragraphs 1 and 12(a), (b) and (c), and the Railways Act 2005 (c. 14), section 2, Schedule 3, paragraph 15(3).
M2As to the meaning of which, see references to “Class 1, 2 and 3 invalid carriages”, in regulation 3 of the Use of Invalid Carriages on Highways Regulations 1988 (S.I. 1988/2268).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: