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 interpretation | Rule 45.27 |
Application of fixed costs, disbursements and success fee | Rule 45.28 |
Amount of fixed costs | Rule 45.29 |
Disbursements | Rule 45.30 |
Success fee | Rule 45.31 |
Where the claimant obtains judgment for an amount more than the defendant’s RTA Protocol offer | Rule 45.32 |
Settlement at Stage 2 where the claimant is a child | Rule 45.33 |
Settlement at Stage 3 where the claimant is a child | Rule 45.34 |
Where the court orders the claim is not suitable to be determined under the Stage 3 Procedure and the claimant is a child | Rule 45.35 |
Failure to comply or electing not to continue with the RTA Protocol – costs consequences | Rule 45.36 |
Where the parties have settled after proceedings have started | Rule 45.37 |
Where the claimant obtains judgment for an amount equal to or less than the defendant’s RTA Protocol offer | Rule 45.38 |
Adjournment | Rule 45.39 |
Account of payment of Stage 1 fixed costs | Rule 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.