Modifications etc. (not altering text)
C1Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21
C2Pt. 45 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 87
Textual Amendments
F1Pt. 45 Section 6 inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rule 1(2), Sch. 2
45.33.—(1) This rule applies where—
(a)the claimant is a child;
(b)there is a settlement at Stage 2 of the RTA Protocol; and
(c)an application is made to the court to approve the settlement.
(2) Where the court approves the settlement at a 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;
(c)disbursements allowed in accordance with rule 45.30; and
(d)a success fee in accordance with rule 45.31(6).
(3) Where the court does not approve the settlement at a 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 a second settlement hearing.
(5) At the second settlement hearing the court will order the defendant to pay—
(a)the Stage 3 Type A and C fixed costs for the first settlement hearing;
(b)disbursements allowed in accordance with rule 45.30;
(c)the Stage 3 Type B fixed costs for one of the hearings; and
(d)a success fee in accordance with rule 45.31(6) on the Stage 1 and 2 fixed costs and the Stage 3 Type A, B and C fixed costs.
(6) The court in its discretion may also order—
(a)the defendant to pay—
(i)an additional amount of either or both the Stage 3—
(aa)Type A fixed costs;
(bb)Type B fixed costs; and
(ii)a success fee in accordance with rule 45.31(6) on the additional Stage 3 fixed costs in sub-paragraph (a)(i); or
(b)the claimant to pay an amount equivalent to either or both the Stage 3—
(i)Type A fixed costs;
(ii)Type B fixed costs.]