The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 45 E+W FIXED COSTS

Modifications etc. (not altering text)

C1 Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21

C2 Pt. 45 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 87

[F1 SECTION VI E+W PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

Textual Amendments

F1 Pt. 45 Section 6 inserted (30.4.2010) by The Civil Procedure (Amendment) Rules 2010 (S.I. 2010/621), rule 1(2), Sch. 2

Settlement at Stage 2 where the claimant is a child E+W

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.]