The Civil Procedure Rules 1998

[F1Qualified one-way costs shifting: scope and interpretationE+W

44.13.(1) This Section applies to proceedings which include a claim for damages—

(a)for personal injuries;

(b)under the Fatal Accidents Act 1976; or

(c)which arises out of death or personal injury and survives for the benefit of an estate by virtue of section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934,

but does not apply to applications pursuant to section 33 of the Senior Courts Act 1981 or section 52 of the County Courts Act 1984 (applications for pre-action disclosure), or where rule 44.17 applies.

(2) In this Section, “claimant” means a person bringing a claim to which this Section applies or an estate on behalf of which such a claim is brought, and includes a person making a counterclaim or an additional claim.]

Textual Amendments