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The Civil Procedure (Amendment) Rules 2010

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Amendments to the Civil Procedure Rules 1998

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6.  In Part 36—

(a)in the table of contents—

(i)for “Scope of this Part    Rule 36.1” substitute—

Scope of this PartRule 36.A1
Section I – Part 36 offers to settle
Scope of this SectionRule 36.1; and

(ii)after “Deduction of benefits and lump sum payments    Rule 36.15” insert—

Section IIRTA Protocol offers to settle
Scope of this SectionRule 36.16
Form and content of an RTA Protocol offerRule 36.17
Time when an RTA Protocol offer is madeRule 36.18
General provisionsRule 36.19
Restrictions on disclosure of an RTA Protocol offerRule 36.20
Costs consequences following judgmentRule 36.21
Deduction of benefitsRule 36.22;

(b)for rule 36.1(1) and the heading to that rule substitute—

Scope of this Part

36.(1) This Part contains rules about—

(a)offers to settle; and

(b)the consequences where an offer to settle is made in accordance with this Part.

(2) Section I of this Part contains rules about offers to settle other than where Section II applies.

(3) Section II of this Part contains rules about offers to settle where the parties have followed the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) and have started proceedings under Part 8 in accordance with Practice Direction 8B.

SECTION IPART 36 OFFERS TO SETTLE

Scope of this Section

36.1.(1) This Section does not apply to an offer to settle to which Section II of this Part applies.;

(c)in rule 36.1(2) for “Part” substitute “Section”;

(d)in the parenthesis below rule 36.1(2), for “Part” substitute “Section”;

(e)in rule 36.2(2)(b), after “consequences of” insert “Section I of”;

(f)in rule 36.3(4), for “in this Part” substitute “in this Section”;

(g)in the parenthesis below rule 36.14(6), for “Part” substitute “Section”; and

(h)after rule 36.15 insert Section II (RTA Protocol offers to settle) as set out in Schedule 1 to these Rules.

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