F1PART 45FIXED COSTS
SECTION IIIF2The Pre-Action Protocols for Low Value Personal Injury Claims In Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.
Pt. 45 heading substituted (31.7.2013) by The Civil Procedure (Amendment No.6) Rules 2013 (S.I. 2013/1695), rules 2, 7(3) (with rule 10)
Settlement at Stage 3 where the claimant is a child45.22
1
This rule applies where—
a
the claimant is a child;
b
there is a settlement after proceedings are started under the Stage 3 Procedure;
c
the settlement is more than the defendant’s F3relevant Protocol offer; and
d
an application is made to the court to approve the settlement.
2
Where the court approves the settlement at the settlement hearing it will order the defendant to pay—
a
the Stage 1 and 2 fixed costs;
b
the Stage 3 Type A, B and C fixed costs; and
c
disbursements allowed in accordance with rule 45.19.
3
Where the court does not approve the settlement at the settlement hearing it will order the defendant to pay the Stage 1 and 2 fixed costs.
4
Paragraphs (5) and (6) apply where the court does not approve the settlement at the first settlement hearing but does approve the settlement at the Stage 3 hearing.
5
At the Stage 3 hearing the court will order the defendant to pay—
a
the Stage 3 Type A and C fixed costs for the settlement hearing;
b
disbursements allowed in accordance with rule 45.19; and
c
the Stage 3 Type B fixed costs for one of the hearings.
6
The court in its discretion may also order—
a
he defendant to pay an additional amount of either or both the Stage 3—
i
Type A fixed costs;
ii
Type B fixed costs; or
b
the claimant to pay an amount equivalent to either or both of the Stage 3—
i
Type A fixed costs;
ii
Type B fixed costs.
7
Where the settlement is not approved at the Stage 3 hearing the court will order the defendant to pay the Stage 3 Type A fixed costs.
Pts. 44-48 substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 16, Sch. (with rule 22)