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

[F1 PART 45 E+W FIXED COSTS

Textual Amendments

F1 Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

SECTION V E+W The Pre-Action Protocol for Personal Injury Claims Below The Small Claims Limit in Road Traffic Accidents

Claims which do not continue under the RTA Small Claims Protocol E+W

45.42.— (1) This rule applies where—

(a) a claim has been started under the RTA Small Claims Protocol, but no longer continues under that Protocol; and

(b) the claim has not subsequently proceeded under the RTA Protocol.

(2) Where this rule applies, Section VI of this Part applies as though the claim had started under the RTA Protocol, except where—

(a) the court makes an order under rule 45.41; or

(b) the claim no longer continues under the RTA Small Claims Protocol because either the claimant or defendant becomes a protected party as defined in rule 21.1(2).]