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The Civil Procedure Rules 1998, Section 26.8 is up to date with all changes known to be in force on or before 17 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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26.8.—(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 26.4, 26.5 and 26.7 shall 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 26.10 applies,
a court officer must refer the claim to a judge for allocation to a track and to give directions.]
Textual Amendments
F1Pt. 26 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 1 (with rule 2)
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