[F1PART 45E+WFIXED COSTS

Textual Amendments

SECTION IIIE+W[F2The Pre-Action Protocols for Low Value Personal Injury Claims In Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.]

Textual Amendments

DisbursementsE+W

45.19.—(1) [F3Subject to paragraphs (2A) to (2E), the court]—

(a)may allow a claim for a disbursement of a type mentioned in [F4paragraphs (2) or (3)]; but

(b)will not allow a claim for any other type of disbursement.

(2) [F5In a claim to which either the RTA Protocol or EL/PL Protocol applies, the disbursements] referred to in paragraph (1) are—

(a)the cost of obtaining—

(i)medical records;

[F6(ii)a medical report or reports or non-medical expert reports as provided for in the relevant Protocol;]

F7(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)court fees as a result of Part 21 being applicable;

(c)court fees payable where proceedings are started as a result of a limitation period that is about to expire;

(d)court fees in respect of the Stage 3 Procedure; [F9and]

(e)any other disbursement that has arisen due to a particular feature of the dispute.

[F10(2A) In a soft tissue injury claim [F11, or a claim which consists of, or includes, a claim for a whiplash injury,] to which the RTA Protocol applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows—

[F12(a)obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;]

(b)obtaining a further report where justified from [F13an expert from] one of the following disciplines—

(i)Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;

(ii)Consultant in Accident and Emergency Medicine: £360;

(iii)General Practitioner registered with the General Medical Council: £180; or

(iv)Physiotherapist registered with the Health and Care Professions Council: £180;

(c)obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;

(d)addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and

(e)answer to questions under Part 35: £80.

(2B) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining [F14a report to which paragraph (2A) applies where the medical expert—]

(a)has provided treatment to the claimant;

(b)is associated with any person who has provided treatment; or

(c)proposes or recommends [F15treatment that they or an associate then provide].

(2C) The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified.

(2D) Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.]

[F16(2E) In this rule, ‘accredited medical expert’, ‘associate’, ‘associated with’, ‘fixed cost medical report’ ‘MedCo’ [F17, ‘soft tissue injury claim’ and ‘whiplash injury’] have the same meaning as in paragraph 1.1(A1), (1A), (10A), (12A), [F18(16A) and (20)], respectively, of the RTA Protocol.]

[F19(3) In a claim to which the RTA Protocol applies, the disbursements referred to in paragraph (1) are also the cost of—

(a)an engineer’s report; and

(b)a search of the records of the—

(i)Driver Vehicle Licensing Authority; and

(ii)Motor Insurance Database.]]

Textual Amendments