Amendments to the Civil Procedure Rules 1998
7. In Part 45—
(1) In the index to the Part—
(a)for the entry for Section III, substitute—
“III THE PRE-ACTION PROTOCOLS FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS AND LOW VALUE PERSONAL INJURY (EMPLOYERS’ LIABILITY AND PUBLIC LIABILITY) CLAIMS”;
(b)in the entry for rule 45.17, after “costs” insert “and”;
(c)in the entry for rule 45.20, for “RTA Protocol” substitute “relevant Protocol”;
(d)after the entry for rule 45.23, insert—
| “Settlement before proceedings are issued under Stage 3 | Rule 45.23A |
| Additional advice on value of claim | Rule 45.23B”; |
(e)in the entry for rule 45.24, for “RTA Protocol” substitute “relevant Protocol”; and
(f)after the entry for rule 45.29, insert—
| “IIIA CLAIMS WHICH NO LONGER CONTINUE UNDER THE RTA AND EL/PL PRE-ACTION PROTOCOLS – FIXED RECOVERABLE COSTS | |
| Scope and interpretation | Rule 45.29A |
| Application of fixed costs and disbursements – RTA Protocol | Rule 45.29B |
| Amount of fixed costs – RTA Protocol | Rule 45.29C |
| Application of fixed costs and disbursements – EL/PL Protocol | Rule 45.29D |
| Amount of fixed costs – EL/PL Protocol | Rule 45.29E |
| Defendants’ costs | Rule 45.29F |
| Counterclaims under the RTA Protocol | Rule 45.29G |
| Interim applications | Rule 45.29H |
| Disbursements | Rule 45.29I |
| Claims for an amount of costs exceeding fixed recoverable costs | Rule 45.29J |
| Failure to achieve costs greater than fixed recoverable costs | Rule 45.29K |
| Costs of the costs-only proceedings or the detailed assessment | Rule 45.29L”. |
(2) In rule 45.9, in paragraph 3(b), after “Section III” insert “or Section IIIA”.
(3) For the heading to Section III, substitute—
“The Pre-Action Protocols for Low Value Personal Injury Claims In Road Traffic Accidents and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.”.
(4) In rule 45.16—
(a)for “RTA Protocol”, in each place it occurs, substitute “relevant Protocol”;
(b)for the definition of “RTA Protocol”, substitute—
“The “relevant Protocol” means—
the Pre-Action Protocol for Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”); or
the Pre-action Protocol for Low Value Personal Injury Claims (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”).”; and
(c)in paragraph (3), after “Claim Notification Form” insert “or Court Proceedings Pack”.
(5) In rule 45.17—
(a)in subparagraph (b), at the end, for the full stop substitute “;and”; and
(b)after subparagraph (b), insert—
“(c)where applicable, fixed costs in accordance with rule 45.23A or 45.23B.”.
(6) In rule 45.18—
(a)in paragraph (1), for “Table 6” substitute “Tables 6 and 6A”;
(b)in paragraph (2), for “Table 6” substitute “Tables 6 and 6A”;
(c)in paragraph (4), for “Table 1” substitute “Tables 6 or 6A”;
(d)in paragraph (5)(b), for “Table 6” substitute “Tables 6 or 6A”; and
(e)for Table 6 substitute—
“Table 6
| Fixed costs in relation to the RTA Protocol | |||||
|---|---|---|---|---|---|
| Where the value of the claim for damages is not more than £10,000 | Where the value of the claim for damages is more than £10,000, but not more than £25,000 | ||||
| Stage 1 fixed costs | £200 | Stage 1 fixed costs | £200 | ||
| Stage 2 fixed costs | £300 | Stage 2 fixed costs | £600 | ||
Stage 3 | - Type A fixed costs | £250 | Stage 3 | - Type A fixed costs | £250 |
| - Type B fixed costs | £250 | - Type B fixed costs | £250 | ||
| - Type C fixed costs | £150 | - Type C fixed costs | £150 | ||
Table 6A
| Fixed costs in relation to the EL/PL Protocol | |||||
|---|---|---|---|---|---|
| Where the value of the claim for damages is not more than £10,000 | Where the value of the claim for damages is more than £10,000, but not more than £25,000 | ||||
| Stage 1 fixed costs | £300 | Stage 1 fixed costs | £300 | ||
| Stage 2 fixed costs | £600 | Stage 2 fixed costs | £1300 | ||
Stage 3 | - Type A fixed costs | £250 | Stage 3 | - Type A fixed costs | £250 |
| - Type B fixed costs | £250 | - Type B fixed costs | £250 | ||
| - Type C fixed costs | £150 | - Type C fixed costs | £150”. | ||
(7) In rule 45.19—
(a)in paragraph (1)(a), for “paragraph (2)” substitute “paragraphs (2) or (3)”;
(b)in paragraph (2)—
(i)for “The disbursements”, substitute, “In a claim to which either the RTA Protocol or EL/PL Protocol applies, the disbursements”;
(ii)in subparagraph (a)—
(aa)for sub-subparagraph (ii), substitute—
“(ii)a medical report or reports or non-medical expert reports as provided for in the relevant Protocol;”; and
(bb)omit sub-subparagraphs (iii) and (iv); and
(iii)in subparagraph (d), at the end insert “and”; and
(c)after paragraph (2), insert—
“(3) In a claim to which the RTA Protocol applies, the disbursements referred to in paragraph (1) are also the cost of—
(a)an engineer’s report; and
(b)a search of the records of the—
(i)Driver Vehicle Licensing Authority; and
(ii)Motor Insurance Database.”.
(8) In rule 45.20, in the heading, for “RTA Protocol” substitute “relevant Protocol”.
(9) In rule 45.21—
(a)in paragraph (1)(b), for “RTA Protocol” substitute “relevant Protocol”; and
(b)in paragraph (6)(b), for “he” substitute “the”.
(10) In Rule 45.22, in paragraph (1)(c), for “RTA Protocol” substitute “relevant Protocol”.
(11) After rule 45.23, insert—
“Settlement before proceedings are issued under Stage 3
45.23A. Where—
(a)there is a settlement after the Court Proceedings Pack has been sent to the defendant but before proceedings are issued under Stage 3; and
(b)the settlement is more than the defendant’s relevant Protocol offer,
the fixed costs will include an additional amount equivalent to the Stage 3 Type A fixed costs.
Additional advice on the value of the claim
45.23B. Where—
(a)the value of the claim for damages is more than £10,000;
(b)an additional advice has been obtained from a specialist solicitor or from counsel;
(c)that advice is reasonably required to value the claim,
the fixed costs may include an additional amount equivalent to the Stage 3 Type C fixed costs.”.
(12) In rule 45.24—
(a)in the heading, for “RTA Protocol” substitute “relevant Protocol”;
(b)in paragraph (1), in subparagraph (a), for “RTA Protocol” substitute “relevant Protocol”;
(c)in paragraph (2)—
(i)for “RTA Protocol”, in each place it occurs, substitute “relevant Protocol”; and
(ii)in subparagraph (b)(ii), for “£10,000” substitute “£25,000”; and
(d)in paragraph (3)—
(i)for “7.22” substitute “7.28”;
(ii)after “RTA Protocol” insert “or paragraph 7.26 of the EL/PL Protocol”; and
(iii)for “that Protocol” substitute “the RTA Protocol or paragraph 7.17(2) or (3) of the EL/PL Protocol”.
(13) In rule 45.25, for “RTA Protocol”, in each place it occurs, substitute “relevant Protocol”.
(14) In rule 45.26, in the heading, for “RTA Protocol” substitute “relevant Protocol”.
(15) In rule 45.28—
(a)in the heading, after “Stage 1” insert “and Stage 2”;
(b)for “RTA Protocol” substitute “relevant Protocol”;
(c)after “Section II” insert “or Section IIIA”; and
(d)after “Stage 1” insert “and Stage 2”.
(16) After rule 45.29, insert Section IIIA as set out in the Schedule to these Rules.