The Civil Procedure (Amendment No. 2) Rules 2018

Statutory Instruments

2018 No. 479 (L. 5)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment No. 2) Rules 2018

Made

9th April 2018

Laid before Parliament

16th April 2018

Coming into force

7th May 2018

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules under section 1 of that Act and 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. 2) Rules 2018 and come into force on 7th May 2018.

(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

2.  The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 5 of these Rules.

Amendment of Part 2

3.  In Part 2—

(a) in the table of contents, after the entry for rule 2.4, insert—

“Jurisdiction of the County Court exercisable by a legal adviser

Rule 2.4A”; and

(b) after rule 2.4, insert—

“Jurisdiction of the County Court exercisable by a legal adviser

2.4A.   A legal adviser, defined in paragraph 1.2(b) of Practice Direction 2E, may exercise the jurisdiction of the County Court specified in, and subject to, that Practice Direction.”.

Amendment of Part 36

4.  In Part 36—

(a) in rule 36.20, for paragraph (1) substitute—

“(1) This rule applies where—

(a) a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1); or

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

(b) in rule 36.21—

(i) for paragraph (1) substitute—

“(1) Where—

(a) a claim no longer continues under the RTA or EL/PL protocol pursuant to rule 45.29A(1); or

(b) the claim is one to which the Pre-Action Protocol for Resolution of Package Travel Claims applies,

rule 36.17 applies with the following modifications.”; and

(ii) in paragraph (3), after “Subject to paragraphs (4) and (5), where” insert “in a claim to which paragraph (1)(a) applies,”.

Amendment of Part 45

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”.

The Right Honourable Sir Terence Etherton, MR

Lord Justice Coulson

Mr Justice Birss

Mr Justice Kerr

Master Richard Roberts

His Honour Judge Milwyn Jarman QC

His Honour Judge Martin McKenna

District Judge Michael Hovington

District Judge Christopher Lethem

John Dagnall

Richard Viney

Brett Dixon

Andrew Underwood

Masood Ahmed

Lizzie Iron

I allow these Rules

David Gauke

Lord Chancellor and Secretary of State for Justice

Ministry of Justice

9th April 2018

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) by—

• amending Part 2 to give effect to Practice Direction 2E – Jurisdiction of the County Court that may be exercised by a legal adviser;

• amending Part 45 to apply certain of the fixed recoverable costs that are applicable to public liability claims started under the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”) to claims to which the Pre-Action Protocol for Resolution of Package Travel Claims applies; and

• in consequence of the amendments to Part 45, amending Part 36 to apply certain of the provisions in respect of offers to settle that are applicable to public liability claims started under the EL/PL Protocol to claims to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.

(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 section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18. Section 1(1) was amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 67(a).

(2)

S.I. 1998/3132. There are relevant amendments in S.I. 2013/262, S.I. 2013/1695, S.I. 2013/1974, S.I. 2014/2044, S.I. 2014/3299 and S.I. 2017/95.