[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

Failure to comply or electing not to continue with the [F3relevant Protocol] – costs consequencesE+W

45.24.—(1) This rule applies where the claimant—

(a)does not comply with the process set out in the [F4relevant Protocol]; or

(b)elects not to continue with that process,

and starts proceedings under Part 7.

(2) [F5Subject to paragraph (2A), where a judgment is given] in favour of the claimant but—

(a)the court determines that the defendant did not proceed with the process set out in the [F6relevant Protocol] because the claimant provided insufficient information on the Claim Notification Form;

(b)the court considers that the claimant acted unreasonably—

(i)by discontinuing the process set out in the [F6relevant Protocol] and starting proceedings under Part 7;

(ii)by valuing the claim at more than [F7£25,000], so that the claimant did not need to comply with the [F6relevant Protocol]; or

(iii)except for paragraph (2)(a), in any other way that caused the process in the [F6relevant Protocol] to be discontinued; or

(c)the claimant did not comply with the [F6relevant Protocol] at all despite the claim falling within the scope of the RTA Protocol,

the court may order the defendant to pay no more than the fixed costs in rule 45.18 together with the disbursements allowed in accordance with rule 45.19.

[F8(2A) Where a judgment is given in favour of the claimant but the claimant did not comply with the process in paragraph 6.3A(2) of the RTA Protocol, the court may not order the defendant to pay the claimant’s costs and disbursements save in exceptional circumstances.]

(3) Where the claimant starts proceedings under paragraph [F97.28] of the RTA Protocol [F10or paragraph 7.26 of the EL/PL Protocol] and the court orders the defendant to make an interim payment of no more than the interim payment made under paragraph 7.14(2) or (3) of [F11the RTA Protocol or paragraph 7.17(2) or (3) of the EL/PL Protocol] the court will, on the final determination of the proceedings, order the defendant to pay no more than–

(a)the Stage 1 and 2 fixed costs; and

(b)the disbursements allowed in accordance with rule 45.19.]

Textual Amendments