The Civil Procedure (Amendment) Rules 2010

Amendments to the Civil Procedure Rules 1998

This section has no associated Explanatory Memorandum

8.  In Part 45—

(a)at the end of the table of contents insert—

Section VI – Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Scope and interpretationRule 45.27
Application of fixed costs, disbursements and success feeRule 45.28
Amount of fixed costsRule 45.29
DisbursementsRule 45.30
Success feeRule 45.31
Where the claimant obtains judgment for an amount more than the defendant’s RTA Protocol offerRule 45.32
Settlement at Stage 2 where the claimant is a childRule 45.33
Settlement at Stage 3 where the claimant is a childRule 45.34
Where the court orders the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a childRule 45.35
Failure to comply or electing not to continue with the RTA Protocol – costs consequencesRule 45.36
Where the parties have settled after proceedings have startedRule 45.37
Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offerRule 45.38
AdjournmentRule 45.39
Account of payment of Stage 1 fixed costsRule 45.40;

(b)for rule 45.7(3) substitute—

(3) This Section does not apply where—

(a)the claimant is a litigant in person; or

(b)Section VI of this Part applies.;

(c)in rule 45.15(4)—

(i)in sub-paragraph (b) omit “or”;

(ii)in sub-paragraph (c) for “.” substitute “; or”; and

(iii)after sub-paragraph (c) insert—

(d)to a claim to which Section VI of this Part applies.; and

(d)after rule 45.26, insert Section VI (Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents) as set out in Schedule 2 to these Rules.