The Civil Procedure (Amendment No. 2) Rules 2023

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend the Civil Procedure Rules 1998 (‘the rules’) to extend the application of fixed recoverable costs (‘FRC’) to most civil proceedings allocated to the fast track and to the newly created intermediate track, which is also established by these Rules.

In particular, these Rules—

(a) substitute Part 26 (case management – preliminary stage) with a revised Part, which—

(i) provides for the new intermediate track, including its scope and the matters the court shall have regard to when deciding whether to allocate a claim to that track;

(ii) for claims allocated to either the fast track or the intermediate track, also provides for assignment to one of four complexity bands, which will determine the amount of fixed costs allowable in respect of a claim under Part 45, and the matters the court shall have regard to when deciding the complexity band to which a claim should be assigned;

(iii) specifies those claims which must be allocated to the multi-track, so will not be subject to fixed costs; and

(iv) otherwise preserves the previous rules in Part 26, except for renumbering and minor consequential amendments;

(b) substitute Part 28 (the fast track and intermediate track) with a revised Part, which makes general provision about the management of cases allocated to the fast and intermediate tracks, including provision regarding noise induced hearing loss (‘NIHL’) claims allocated to the fast track;

(c) amend Part 36 (offers to settle), in respect of which the current provisions for offers to settle in low value personal injury claims, which are already subject to FRC, have been amended in consequence of the extension of FRC to other claims;

(d) substitute Part 45 (fixed costs) with a revised Part, which—

(i) specifies the applicable fixed costs and disbursements to be allowed in most claims allocated to either the fast track or the intermediate track and those NIHL claims allocated to the fast track;

(ii) specifies those claims allocated to the fast track or the intermediate track to which FRC shall not apply; and

(iii) subject to what follows, and except for renumbering and minor amendments, otherwise preserves the previous rules in Part 45 in so far they apply to—

(aa) the fixed costs applicable to commencement, entry of judgment and enforcement;

(bb) the fixed costs applicable a claim conducted by an HMRC Officer in the County Court for the recovery of a debt;

(cc) the fixed costs applicable to claims started, or which should have been started, under 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; and

(dd) the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.

Both the new tables of fixed costs and those previously included in Part 45 will, going forward, be set out in Practice Diretion 45, to which the rules in Part 45 refer as appropriate.

Further, these Rules make consequential amendments to Parts 2, 3, 16, 21, 27, 29, 39, 44, 46, 52, 54, 55, 63 and 65 of the rules. Additionally, Part 46 now includes in section IX, as inserted by these Rules, those rules concerning costs limits in Aarhus Convention claims previously included in Section VII of Part 45.

A full impact assessment has not been produced for these Rules. An impact assessment prepared by the Ministry of Justice for its 2019 consultation on the extension of fixed recoverable costs, which was revised in 2021 on publication of its consultation response and to which these Rules give effect, is available from the Ministry of Justice at 102 Petty France, London. SW1H 9AJ, and has been published at: Impact Assessment template (publishing.service.gov.uk)