The Rail Passengers’ Rights and Obligations Regulations 2010

Claims relating to advance payments

6.—(1) No person may bring proceedings against a railway undertaking in respect of an infringement of the right conferred by Article 13(1) of the European Regulation unless—

(a) the person has requested the railway undertaking in writing to make an advance payment under that provision, and

(b) at least fifteen days have elapsed since that written request was received by the undertaking.

(2) In proceedings in respect of the breach of a right to an advance payment under Article 13 of the European Regulation, to the extent that this would not conflict with that Article, the court has jurisdiction to reduce an award to take into account the extent to which the undertaking acted reasonably.

(3) In such proceedings, the court has jurisdiction to reduce the award, or decline to make such an award, to take into account—

(a) any interim payment made in respect of the accident under—

(i) in England and Wales, Part 25 of the Civil Procedure Rules 1998(1), or

(ii) in Scotland—

(aa) rule 43.11 of the Rules of the Court of Session 1994(2), or

(bb) rule 36.9 of the Ordinary Cause Rules 1993(3); or

(b) any payment made in any court proceedings in respect of the accident.

(4) In any other proceedings, including proceedings for an interim payment under the enactments referred to in paragraph (3)(a), the court has jurisdiction to award a lesser amount than it would otherwise have awarded to take into account the fact that an award has been made under Article 13(1) of the European Regulation.

(1)

S.I. 1998/3132; relevant amending instruments are the Constitutional Reform Act 2005 (c.4), Schedule 11, S.I. 1999/1008, regulation 8, 2000/221, regulation 11 and Schedule 3, 2001/4015, regulation 17, 2002/2058, regulation 7, 2002/3219, regulation 3, 2004/2072, regulation 9, 2004/3419, regulation 5, 2005/2292, regulation 26, and 2005/3515, regulation 7.

(2)

The Rules of the Court of Session are set out in Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994, S.I. 1994/1443 (S.69), amended by S.S.I. 2002/570, S.S.I. 2004/331 and S.S.I. 2006/83.

(3)

First Schedule to the Sheriff Courts (Scotland) Act 1907(c.51) as substituted in respect of causes commenced on or after 1st January 1994 by S.I. 1993/1956 and amended by S.S.I. 2004/197.