C1C2PART 45FIXED COSTS
Pt. 45 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 87
F2F1II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ...
Words in Pt. 45 Section 2 heading omitted (1.4.2005) by virtue of The Civil Procedure (Amendment No. 4) Rules 2004 (S.I. 2004/3419), rules 1, 10
Pt. 45 Section 2 inserted (6.10.2003) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rule 1(c), Sch. 2 Pt. II (with rule 18)
Scope and interpretation45.7
F31
This Section sets out the costs which are to be allowed in—
a
costs-only proceedings under the procedure set out in rule 44.12A; or
b
proceedings for approval of a settlement or compromise under rule 21.10(2),
in cases to which this Section applies.
F4...
2
This Section applies where—
a
the dispute arises from a road traffic accident;
b
the agreed damages include damages in respect of personal injury, damage to property, or both;
c
the total value of the agreed damages does not exceed £10,000; and
d
if a claim had been issued for the amount of the agreed damages, the small claims track would not have been the normal track for that claim.
3
This Section does not apply where the claimant is a litigant in person.
(Rule 2.3 defines “personal injuries” as including any disease and any impairment of a person’s physical or mental condition)
(Rule 26.6 provides for when the small claims track is the normal track)
4
In this Section—
a
“road traffic accident” means an accident resulting in bodily injury to any person or damage to property caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales;
b
“motor vehicle” means a mechanically propelled vehicle intended for use on roads; and
c
“road” means any highway and any other road to which the public has access and includes bridges over which a road passes.
Pt. 45 applied (with modifications) (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 6.21