The Civil Procedure (Amendment No.3) Rules 2013

Statutory Instruments

2013 No. 789 (L. 7)

Senior Courts Of England And Wales County Courts, England And Wales

The Civil Procedure (Amendment No.3) Rules 2013

Made

2nd April 2013

Laid before Parliament

4th April 2013

Coming into force

30th April 2013

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules:

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment No.3) Rules 2013 and come into force on 30th April 2013.

2.  In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(2).

Amendments to the Civil Procedure Rules 1998

3.  In Part 45, in rule 45.18—

(a) in paragraph (5)(b), for “practices” substitute “practises”; and

(b) in Table 6, in the right hand column—

(i) for “400” substitute “200”; and

(ii) for “800” substitute “300”.

Transitional Provision

4.  The amendments made by rule 3(b) apply only to a claim where the Claim Notification Form is sent in accordance with the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on or after 30th April 2013.

The Right Honourable Lord Dyson, MR

Stephen Richards, LJ

Peter Coulson, J

Philip Sales, J

Master Barbara Fontaine

District Judge Suzanne Burn

District Judge Christopher Lethem

Nicholas Bacon QC

William Featherby QC

Katy Peters

Qasim Nawaz

Amanda Stevens

Tim Lett

I allow these Rules

Signed by authority of the Lord Chancellor

Damian Green

Minister of State

Ministry of Justice

2nd April 2013

EXPLANATORY NOTE

(This note is not part of the Order)

These Rules amend Part 45 of the Civil Procedure Rules 1998 (SI 1998/3132), as amended by the Civil Procedure (Amendment) Rules 2013 (SI 2013/262).

In particular, these Rules amend rule 45.18, which, in Table 6, prescribes the fixed costs which may be recovered by a legally represented claimant in respect of the Stage 1 and Stage 2 procedures under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the Protocol’). These Rules substitute the new sums which may be recovered as fixed costs in those cases where, under the Protocol, the claimant’s Claim Notification Form is sent to the defendant’s insurer on or after 30^th April 2013. An earlier typographical error in the same rule has also been corrected.

(1)

1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4 Part 1. Section 1(3) was substituted by the Courts Act 2003 (c.39), section 82(1) and further amended by the Constitutional Reform Act 2005 sections 15, 146, Schedule 4 Part 1 paragraphs 261 and 262 and Schedule 18, Part 2.

(2)

S.I. 1998/3132. There are relevant amendments in the Schedule to S.I. 2013/262.