C1C2PART 45FIXED COSTS

Annotations:
Modifications etc. (not altering text)

F2F1II ROAD TRAFFIC ACCIDENTS—FIXED RECOVERABLE COSTS ...

Annotations:
Amendments (Textual)
F2

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

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.

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.