2018 No. 479 (L. 5)
The Civil Procedure (Amendment No. 2) Rules 2018
Made
Laid before Parliament
Coming into force
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971 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 interpretation1
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 19982.
Amendments to the Civil Procedure Rules 19982
The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 5 of these Rules.
Amendment of Part 23
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
b
after rule 2.4, insert—
Jurisdiction of the County Court exercisable by a legal adviser2.4A
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 364
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.
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.
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 455
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.
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”.
I allow these Rules
(This note is not part of the Rules)