The Civil Procedure Rules 1998

[F1Costs consequences following judgment where section IIIA of Part 45 appliesE+W

36.21.—[F2(1) Where—

(a)a claim no longer continues under the RTA or EL/PL protocol pursuant to rule 45.29A(1); or

(b)the claim is one to which the Pre-Action Protocol for Resolution of Package Travel Claims applies,

rule 36.17 applies with the following modifications.]

(2) Subject to paragraphs (3), (4) and (5), where an order for costs is made pursuant to rule 36.17(3)—

(a)the claimant will be entitled to the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 for the stage applicable at the date on which the relevant period expired; and

(b)the claimant will be liable for the defendant’s costs from the date on which the relevant period expired to the date of judgment.

(3) Subject to paragraphs (4) and (5), where [F3in a claim to which paragraph (1)(a) applies,] the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer—

(a)the claimant will be entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 6 or 6A in Section III of Part 45; and

(b)the claimant will be liable for the defendant’s costs from the date on which the Protocol offer is deemed to be made to the date of judgment; and

(c)in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted.

(“Deductible amount” is defined in rule 36.22(1)(d).)

(4) In a soft tissue injury claim, if the defendant makes a Part 36 offer or Protocol offer before the defendant receives a fixed cost medical report, paragraphs (2) and (3) will only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report.

(5) In this rule “fixed cost medical report” and “soft tissue injury claim” have the same meaning as in paragraph 1.1(10A) and (16A) respectively of the RTA Protocol.

(6) For the purposes of this rule a defendant’s Protocol offer is either—

(a)defined in accordance with rules 36.25 and 36.26; or

(b)if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant—

(i)the last offer made by the defendant before the claim leaves the Protocol; and

(ii)deemed to be made on the first business day after the claim leaves the Protocol.

(7) A reference to—

(a)the “Court Proceedings Pack Form” is a reference to the form used in the Protocol; and

(b)“business day” is a reference to a business day as defined in rule 6.2.

(8) Fixed costs must be calculated by reference to the amount which is awarded.

(9) Where the court makes an order for costs in favour of the defendant—

(a)the court must have regard to; and

(b)the amount of costs ordered shall not exceed,

the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 applicable at the date of judgment, less the fixed costs to which the claimant is entitled under paragraph (2) or (3).

(10) The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.]

Textual Amendments