The Civil Procedure (Amendment No. 2) Rules 2018

Amendment of Part 45

This section has no associated Explanatory Memorandum

5.  In Part 45—

(a)in the table of contents, in the entry for section IIIA, after “PRE-ACTION PROTOCOLS” insert “AND CLAIMS TO WHICH THE PRE-ACTION PROTOCOL FOR RESOLUTION OF PACKAGE TRAVEL CLAIMS APPLIES”;

(b)in the heading to section IIIA, after “PRE-ACTION PROTOCOLS” insert “AND CLAIMS TO WHICH THE PRE-ACTION PROTOCOL FOR RESOLUTION OF PACKAGE TRAVEL CLAIMS APPLIES”;

(c)in rule 45.29A, for paragraph (1) substitute—

(1) Subject to paragraph (3), this section applies—

(a)to a claim started under—

(i)the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or

(ii)the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’),

where such a claim no longer continues under the relevant Protocol or the Stage 3 Procedure in Practice Direction 8B; and

(b)to a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.;

(d)in the heading to rule 45.29D, after “EL/PL Protocol” insert “and Pre-Action Protocol for Resolution of Package Travel Claims”;

(e)in rule 45.29D, after “a claim started under the EL/PL Protocol” insert “or in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies,”;

(f)in the heading to rule 45.29E, after “EL/PL Protocol” insert “and Pre-Action Protocol for Resolution of Package Travel Claims”;

(g)in rule 45.29E(1)(b), after “public liability claims” insert “and claims to which the Pre-Action Protocol for Resolution of Package Travel Claims applies”;

(h)in rule 45.29H, after paragraph (1), insert—

(1A) Where the order for costs is made in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6A.; and

(i)in rule 45.29I(2), for the words “either the RTA Protocol or the EL/PL Protocol” substitute “the RTA Protocol, the EL/PL Protocol or the Pre-Action Protocol for Resolution of Package Travel Claims”.