Search Legislation

The Civil Procedure (Amendment No. 2) Rules 2021

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Explanatory Notes

 Help about opening options

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Civil Procedure (Amendment No. 2) Rules 2021. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Prospective

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132). The amendments give effect to, or are consequential upon—

(a)

changes to Part 26 of the Civil Procedure Rules regarding the allocation of personal injury claims arising from road traffic accidents which occur on or after 31st May 2021 to the small claims track and fast track;

(b)

new Practice Direction 27B: Claims Under the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents – Court Procedure; and

(c)

the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (“the RTA Small Claims Protocol”).

These rules amend the Civil Procedure Rules by—

(a)

amending rule 14.1B, to extend that rule to cover admissions made under the RTA Small Claims Protocol;

(b)

amending rule 16.6, to require a claimant to specify on their claim form whether they expect to recover, as general damages for pain, suffering and loss of amenity, not more or more than £5,000, where the claim is for personal injuries arising from a road traffic accident which occurs on or after 31st May 2021;

(c)

amending Part 26 by—

(i)

inserting new rule 26.5A to provide that claims started under new Practice Direction 27B shall be treated as being allocated to the small claims track;

(ii)

amending rule 26.6 to provide that the normal track for personal injury claims arising from an RTA will be the small claims track where the claim for personal injuries is valued at—

(aa)

not more than £5,000; or

(bb)

not more than £1,000 in any of the circumstances specified in rule 26.6A;

(iii)

inserting new rule 26.6A, which preserves the current £1,000 small claims track limit for personal injury claims arising from an RTA in any of the circumstances specified in that rule (those circumstances include a claim for personal injuries arising from a road traffic accident which occurs before 31st May 2021) except where new rule 26.6B applies; and

(iv)

inserting new rule 26.6B, which provides that the normal track for a personal injury claim arising from an RTA which occurs on or after 31st May 2021 will be the fast track where, on the date that the claim is started—

(aa)

the claimant is a child or protected party; or

(bb)

at the time the claim was first presented via the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, the claimant was a child; and

(cc)

the claim consists of, or includes, a claim for a whiplash injury.

(d)

amending rule 27.2 to enable a rule or practice direction to require or permit a particular procedure to be used under Part 27 and to disapply or modify rules made under Part 27;

(e)

amending rule 35.4 to specify the medical evidence that may be obtained in respect of a claim for a road traffic accident related personal injury claim which consists of, or includes, a claim for a whiplash injury where the court gives its permission;

(f)

amending Part 45—

(i)

to specify the amount that might be recovered, as a disbursement, for a fixed cost medical report obtained in respect of a claim for a whiplash injury where either Section III or IIIA of Part 45 applies; and

(ii)

by inserting new Section IIIB, which concerns claims which are or should have been started under the RTA Small Claims Protocol—

(aa)

new rule 45.29M specifies the circumstances in which a court may order a defendant to pay a successful claimant no more than the costs which they may recover under new Practice Direction 27B, where the claimant has not proceeded under, or has not complied with, the RTA Small Claims Protocol and has started proceedings; and

(bb)

new rule 45.29N provides that, where a claim exits the RTA Small Claims Protocol, and unless an order is made under rule 45.29M, the costs provisions in Section IIIA of Part 45 will apply as though the claim had been started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents; and

(g)

amending rule 46.14, to ensure, by inserting paragraph (1A), that the procedure specified in rule 46.14, which concerns pre-issue entitlement to costs, is not used for disputes arising under the RTA Small Claims Protocol and that the procedure in Practice Direction 27B for dealing with costs is used wherever appropriate.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources