The Civil Procedure (Amendment) Rules 2010

Amendments to the Civil Procedure Rules 1998

3.  After rule 14.1A insert—

“Admissions made under the RTA Protocol

14.1B.— (1) This rule applies to a pre-action admission made in a case to which the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) applies.

(2) The defendant may, by giving notice in writing withdraw an admission of causation—

(a) before commencement of proceedings—

(i) during the initial consideration period (or any extension to that period) as defined in the RTA Protocol; or

(ii) at any time if the person to whom the admission was made agrees; or

(b) after commencement of proceedings—

(i) if all the parties to the proceedings consent; or

(ii) with the permission of the court.

(3) The defendant may, by giving notice in writing withdraw any other pre-action admission after commencement of proceedings—

(a) if all the parties to the proceedings consent; or

(b) with the permission of the court.

(4) An application under rule 14.1B(2)(b)(ii) or (3)(b) to withdraw a pre-action admission must be made in accordance with Part 23.”