The Civil Procedure (Amendment No.6) Rules 2013

Made: 5th July 2013

Laid before Parliament: 10th July 2013

Coming into force: 31st July 2013

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[^f00001] to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules:

Citation, commencement and interpretation

1

These Rules may be cited as the Civil Procedure (Amendment No.6) Rules 2013.

2

These Rules shall come into force on 31st July 2013.

3

In these Rules—

• (a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[^f00002]; and

• (b) a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules.

Amendments to the Civil Procedure Rules 1998

4

In Part 14—

• (1) In the index to the Part, in the entry for rule 14.1B, after “Protocol” insert “or the EL/PL Protocol”.

• (2) In rule 14.1B—

• (a) in the heading, after “Protocol” insert “or the EL/PL Protocol”;

• (b) in paragraph (1), after “(‘the RTA Protocol’)” insert “or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’)”; and

• (c) in paragraph (2)(a)(i), for “RTA Protocol” substitute “relevant Protocol”.

5

In Part 27, in rule 27.14—

• (1) After paragraph (1), in the words in parentheses, for “44.9 and 44.11” substitute “46.11 and 46.13”; and

• (2) In paragraph (2), in subparagraph (h)—

• (a) for “45.29” substitute “45.18”;

• (b) in sub-subparagraph (i), after “(‘the RTA Protocol’)” insert “or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’) ”;

• (c) in sub-subparagraph (ii), for “RTA Protocol” substitute “relevant Protocol”; and

• (d) in sub-subparagraph (iii), for “RTA Protocol” substitute “relevant Protocol”.

6

In Part 36—

• (1) In the index to the Part—

• (a) after the entry for rule 36.10, insert—

Costs consequences of acceptance of a Part 36 offer where Section IIIA of Part 45 applies	Rule 36.10A

• (b) after the entry for rule 36.14, insert—

Costs consequences following judgment where Section IIIA of Part 45 applies	Rule 36.14A

• (c) in the entry for Section II, after “PROTOCOL” insert “AND EL/PL PROTOCOL”; and

• (d) in the entries for rules—

• (i) 36.17;

• (ii) 36.18; and

• (iii) 36.20,

for “an RTA”, substitute “a”’.

• (2) In rule 36.A1, in paragraph (3), after “(‘the RTA Protocol’)” insert “or the Pre-action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’)”.

• (3) In rule 36.10, in paragraph (1), for “Subject to” to “and (4)(a)”, substitute “Subject to rule 36.10A and to paragraphs (2) and (4)(a) of this rule”.

• (4) After rule 36.10, insert—

(36.10A) (1) This rule applies where a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1). (2) Where a Part 36 offer is accepted within the relevant period, the claimant will be entitled to the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 for the stage applicable at the date on which notice of acceptance was served on the offeror. (3) Where— (a) a defendant’s Part 36 offer relates to part only of the claim; and (b) at the time of serving notice of acceptance within the relevant period the claimant abandons the balance of the claim, the claimant will be entitled to the fixed costs in paragraph (2). (4) Subject to paragraph (5), where a defendant’s Part 36 offer is accepted after the relevant period— (a) the claimant will be entitled to the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 for the stage applicable at the date on which the relevant period expired; and (b) the claimant will be liable for the defendant’s costs for the period from the date of expiry of the relevant period to the date of acceptance. (5) Where the claimant accepts the defendant’s Protocol offer after the date on which the claim leaves the Protocol— (a) the claimant will be entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 6 or Table 6A in Section III of Part 45; and (b) the claimant will be liable for the defendant’s costs from the date on which the Protocol offer is deemed to be made to the date of acceptance. (6) For the purposes of this rule a defendant’s Protocol offer is either— (a) defined in accordance with rules 36.17 and 36.18; or (b) if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant— (i) the last offer made by the defendant before the claim leaves the Protocol; and (ii) deemed to be made on the first business day after the claim leaves the Protocol. (7) A reference to the ‘Court Proceedings Pack Form’ is a reference to the form used in the Protocol. (8) Fixed costs shall be calculated by reference to the amount of the offer which is accepted. (9) Where the parties do not agree the liability for costs, the court will make an order as to costs. (10) Where the court makes an order for costs in favour of the defendant— (a) the court will have regard to; and (b) the amount of costs ordered shall not exceed, the fixed costs in Table 6B, Table 6C or Table 6D in Section IIIA of Part 45 applicable at the date of acceptance, less the fixed costs to which the claimant is entitled under paragraph (4) or (5). (11) The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.

• (5) In rule 36.14, in paragraph (1), for “This” substitute “Subject to rule 36.14A, this”.

• (6) After rule 36.14, insert—

(36.14A) (1) Where a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1), rule 36.14 applies with the following modifications. (2) Subject to paragraph (3), where an order for costs is made pursuant to rule 36.14(2)— (a) the claimant will be entitled to the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 for the stage applicable at the date on which the relevant period expired; and (b) the claimant will be liable for the defendant’s costs from the date on which the relevant period expired to the date of judgment. (3) Where the claimant fails to obtain a judgment more advantageous than the defendant’s Protocol offer— (a) the claimant will be entitled to the applicable Stage 1 and Stage 2 fixed costs in Table 6 or Table 6A in Section III of Part 45; and (b) the claimant will be liable for the defendant’s costs from the date on which the Protocol offer is deemed to be made to the date of judgment; and (c) in this rule, the amount of the judgment is less than the Protocol offer where the judgment is less than the offer once deductible amounts identified in the judgment are deducted. (“Deductible amount” is defined in rule 36.15(1)(d).) (4) For the purposes of this rule a defendant’s Protocol offer is either— (a) defined in accordance with rules 36.17 and 36.18; or (b) if the claim leaves the Protocol before the Court Proceedings Pack Form is sent to the defendant— (i) the last offer made by the defendant before the claim leaves the Protocol; and (ii) deemed to be made on the first business day after the claim leaves the Protocol. (5) A reference to the ‘Court Proceedings Pack Form’ is a reference to the form used in the Protocol. (6) Fixed costs shall be calculated by reference to the amount which is awarded. (7) Where the court makes an order for costs in favour of the defendant— (a) the court will have regard to; and (b) the amount of costs ordered shall not exceed, the fixed costs in Table 6B, 6C or 6D in Section IIIA of Part 45 applicable at the date of judgment, less the fixed costs to which the claimant is entitled under paragraph (2) or (3). (8) The parties are entitled to disbursements allowed in accordance with rule 45.29I incurred in any period for which costs are payable to them.

• (7) In the heading to Section II, after “PROTOCOL”, insert “AND EL/PL PROTOCOL”.

• (8) In rule 36.16—

• (a) in paragraph (2), after “RTA Protocol”, insert “or the EL/PL Protocol”; and

• (b) in paragraph (3)—

• (i) for “Proceeding”, substitute “Proceedings”; and

• (ii) omit “RTA”.

• (9) In rule 36.17—

• (a) in the heading, for “an RTA” substitute “a”;

• (b) in paragraph (1) for “an RTA” substitute “a”; and

• (c) in paragraph (2) for “An RTA” substitute “A”.

• (10) In rule 36.18—

• (a) in the heading, for “an RTA” substitute “a”; and

• (b) after “The”, omit “RTA”.

• (11) In rule 36.19—

• (a) for “An RTA” substitute “A”; and

• (b) for “45.29”, substitute “45.18”.

• (12) In rule 36.20—

• (a) in the heading, for “an RTA” substitute “a”; and

• (b) in each place it occurs, omit “RTA”.

• (13) In rule 36.21—

• (a) in each place it occurs, omit “RTA”;

• (b) in paragraph (2), in subparagraph (a), for “45.38”, substitute “45.26”;

• (c) in paragraph (3), for “45.32” substitute “45.20”; and

• (d) in paragraph (4)—

• (i) in subparagraph (b)—

• (aa) for “45.32” substitute 45.20; and

• (bb) omit “and”;

• (ii) in subparagraph (c), for the full stop substitute “; and”; and

• (iii) after paragraph (c), insert—

(d) an additional amount calculated in accordance with rule 36.14(3)(d).

• (14) In rule 36.22, omit “RTA”.

7

In Part 45—

• (1) In the index to the Part—

• (a) for the entry for Section III, substitute—

III THE PRE-ACTION PROTOCOLS FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS AND LOW VALUE PERSONAL INJURY (EMPLOYERS’ LIABILITY AND PUBLIC LIABILITY) CLAIMS

• (b) in the entry for rule 45.17, after “costs” insert “and”;

• (c) in the entry for rule 45.20, for “RTA Protocol” substitute “relevant Protocol”;

• (d) after the entry for rule 45.23, insert—

Settlement before proceedings are issued under Stage 3	Rule 45.23A
Additional advice on value of claim	Rule 45.23B

• (e) in the entry for rule 45.24, for “RTA Protocol” substitute “relevant Protocol”; and

• (f) after the entry for rule 45.29, insert—

IIIA CLAIMS WHICH NO LONGER CONTINUE UNDER THE RTA AND EL/PL PRE-ACTION PROTOCOLS – FIXED RECOVERABLE COSTS	IIIA CLAIMS WHICH NO LONGER CONTINUE UNDER THE RTA AND EL/PL PRE-ACTION PROTOCOLS – FIXED RECOVERABLE COSTS
Scope and interpretation	Rule 45.29A
Application of fixed costs and disbursements – RTA Protocol	Rule 45.29B
Amount of fixed costs – RTA Protocol	Rule 45.29C
Application of fixed costs and disbursements – EL/PL Protocol	Rule 45.29D
Amount of fixed costs – EL/PL Protocol	Rule 45.29E
Defendants’ costs	Rule 45.29F
Counterclaims under the RTA Protocol	Rule 45.29G
Interim applications	Rule 45.29H
Disbursements	Rule 45.29I
Claims for an amount of costs exceeding fixed recoverable costs	Rule 45.29J
Failure to achieve costs greater than fixed recoverable costs	Rule 45.29K
Costs of the costs-only proceedings or the detailed assessment	Rule 45.29L

• (2) In rule 45.9, in paragraph 3(b), after “Section III” insert “or Section IIIA”.

• (3) For the heading to Section III, substitute—

• (4) In rule 45.16—

• (a) for “RTA Protocol”, in each place it occurs, substitute “relevant Protocol”;

• (b) for the definition of “RTA Protocol”, substitute—

• The “relevant Protocol” means— the Pre-Action Protocol for Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”); or the Pre-action Protocol for Low Value Personal Injury Claims (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”).

; and

• (c) in paragraph (3), after “Claim Notification Form” insert “or Court Proceedings Pack”.

• (5) In rule 45.17—

• (a) in subparagraph (b), at the end, for the full stop substitute “;and”; and

• (b) after subparagraph (b), insert—

(c) where applicable, fixed costs in accordance with rule 45.23A or 45.23B.

• (6) In rule 45.18—

• (a) in paragraph (1), for “Table 6” substitute “Tables 6 and 6A”;

• (b) in paragraph (2), for “Table 6” substitute “Tables 6 and 6A”;

• (c) in paragraph (4), for “Table 1” substitute “Tables 6 or 6A”;

• (d) in paragraph (5)(b), for “Table 6” substitute “Tables 6 or 6A”; and

• (e) for Table 6 substitute—

Fixed costs in relation to the RTA Protocol	Fixed costs in relation to the RTA Protocol	Fixed costs in relation to the RTA Protocol	Fixed costs in relation to the RTA Protocol	Fixed costs in relation to the RTA Protocol	Fixed costs in relation to the RTA Protocol
Where the value of the claim for damages is not more than £10,000	Where the value of the claim for damages is not more than £10,000	Where the value of the claim for damages is not more than £10,000	Where the value of the claim for damages is more than £10,000, but not more than £25,000	Where the value of the claim for damages is more than £10,000, but not more than £25,000	Where the value of the claim for damages is more than £10,000, but not more than £25,000
Stage 1 fixed costs	Stage 1 fixed costs	£200	Stage 1 fixed costs	Stage 1 fixed costs	£200
Stage 2 fixed costs	Stage 2 fixed costs	£300	Stage 2 fixed costs	Stage 2 fixed costs	£600
Stage 3	- Type A fixed costs	£250	Stage 3	- Type A fixed costs	£250
Stage 3	- Type B fixed costs	£250	Stage 3	- Type B fixed costs	£250
Stage 3	- Type C fixed costs	£150	Stage 3	- Type C fixed costs	£150
Fixed costs in relation to the EL/PL Protocol	Fixed costs in relation to the EL/PL Protocol	Fixed costs in relation to the EL/PL Protocol	Fixed costs in relation to the EL/PL Protocol	Fixed costs in relation to the EL/PL Protocol	Fixed costs in relation to the EL/PL Protocol
---	---	---	---	---	---
Where the value of the claim for damages is not more than £10,000	Where the value of the claim for damages is not more than £10,000	Where the value of the claim for damages is not more than £10,000	Where the value of the claim for damages is more than £10,000, but not more than £25,000	Where the value of the claim for damages is more than £10,000, but not more than £25,000	Where the value of the claim for damages is more than £10,000, but not more than £25,000
Stage 1 fixed costs	Stage 1 fixed costs	£300	Stage 1 fixed costs	Stage 1 fixed costs	£300
Stage 2 fixed costs	Stage 2 fixed costs	£600	Stage 2 fixed costs	Stage 2 fixed costs	£1300
Stage 3	- Type A fixed costs	£250	Stage 3	- Type A fixed costs	£250
Stage 3	- Type B fixed costs	£250	Stage 3	- Type B fixed costs	£250
Stage 3	- Type C fixed costs	£150	Stage 3	- Type C fixed costs	£150

• (7) In rule 45.19—

• (a) in paragraph (1)(a), for “paragraph (2)” substitute “paragraphs (2) or (3)”;

• (b) in paragraph (2)—

• (i) for “The disbursements”, substitute, “In a claim to which either the RTA Protocol or EL/PL Protocol applies, the disbursements”;

• (ii) in subparagraph (a)—

• (aa) for sub-subparagraph (ii), substitute—

(ii) a medical report or reports or non-medical expert reports as provided for in the relevant Protocol;

; and

• (bb) omit sub-subparagraphs (iii) and (iv); and

• (iii) in subparagraph (d), at the end insert “and”; and

• (c) after paragraph (2), insert—

(3) In a claim to which the RTA Protocol applies, the disbursements referred to in paragraph (1) are also the cost of— (a) an engineer’s report; and (b) a search of the records of the— (i) Driver Vehicle Licensing Authority; and (ii) Motor Insurance Database.

• (8) In rule 45.20, in the heading, for “RTA Protocol” substitute “relevant Protocol”.

• (9) In rule 45.21—

• (a) in paragraph (1)(b), for “RTA Protocol” substitute “relevant Protocol”; and

• (b) in paragraph (6)(b), for “he” substitute “the”.

• (10) In Rule 45.22, in paragraph (1)(c), for “RTA Protocol” substitute “relevant Protocol”.

• (11) After rule 45.23, insert—

(45.23A) Where— (a) there is a settlement after the Court Proceedings Pack has been sent to the defendant but before proceedings are issued under Stage 3; and (b) the settlement is more than the defendant’s relevant Protocol offer, the fixed costs will include an additional amount equivalent to the Stage 3 Type A fixed costs. (45.23B) Where— (a) the value of the claim for damages is more than £10,000; (b) an additional advice has been obtained from a specialist solicitor or from counsel; (c) that advice is reasonably required to value the claim, the fixed costs may include an additional amount equivalent to the Stage 3 Type C fixed costs.

• (12) In rule 45.24—

• (a) in the heading, for “RTA Protocol” substitute “relevant Protocol”;

• (b) in paragraph (1), in subparagraph (a), for “RTA Protocol” substitute “relevant Protocol”;

• (c) in paragraph (2)—

• (i) for “RTA Protocol”, in each place it occurs, substitute “relevant Protocol”; and

• (ii) in subparagraph (b)(ii), for “£10,000” substitute “£25,000”; and

• (d) in paragraph (3)—

• (i) for “7.22” substitute “7.28”;

• (ii) after “RTA Protocol” insert “or paragraph 7.26 of the EL/PL Protocol”; and

• (iii) for “that Protocol” substitute “the RTA Protocol or paragraph 7.17(2) or (3) of the EL/PL Protocol”.

• (13) In rule 45.25, for “RTA Protocol”, in each place it occurs, substitute “relevant Protocol”.

• (14) In rule 45.26, in the heading, for “RTA Protocol” substitute “relevant Protocol”.

• (15) In rule 45.28—

• (a) in the heading, after “Stage 1” insert “and Stage 2”;

• (b) for “RTA Protocol” substitute “relevant Protocol”;

• (c) after “Section II” insert “or Section IIIA”; and

• (d) after “Stage 1” insert “and Stage 2”.

• (16) After rule 45.29, insert Section IIIA as set out in the Schedule to these Rules.

8

In rule 47.6, after the words in parentheses following paragraph (3), insert—

(Paragraphs 7B.2 to 7B.7 of the Practice Direction - Civil Recovery Proceedings contain provisions about detailed assessment of costs in relation to civil recovery orders.)

9

In RSC Order 79 rule 9, after paragraph (14) insert—

(15) In the case of a prosecutor’s appeal to the High Court against the grant of bail under section 1(1A) or (1B) of the Bail (Amendment) Act 1993[^f00003] (“the 1993 Act”)— (a) the appeal proceedings are to be commenced by the prosecutor filing a copy of the written notice of appeal required by section 1(5)[^f00004] of the 1993 Act in the High Court; and (b) paragraphs (1) to (14) do not apply to such appeals.

Transitional provision

10

The amendments made by rules 6 and 7 apply only to claims started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents where the Claim Notification Form is sent in accordance with that Protocol on or after 31st July 2013.

SCHEDULE

Signed

Stephen Richards, LJ — Peter Coulson, J — Philip Sales, J — Master Barbara Fontaine — District Judge Suzanne Burn — District Judge Christopher Lethem — Nicholas Bacon QC — William Featherby QC — Edward Pepperall QC — Katy Peters — Qasim Nawaz — Amanda Stevens — Tim Lett

I allow these Rules

Signed by authority of the Lord Chancellor

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 5th July 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

These Rules make the following amendments to the Civil Procedure Rules 1998—

• the amendment of: rule 14.1B (admissions made under the RTA Protocol); rule 27.14 (costs on the small claims track); Part 36 (offers to settle); and

Part 45 (fixed costs), including the insertion of new Section IIIA in Part 45

These amendments concern the extension of the current Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) to include claims up the value of £25,000, and to most employers’ liability and public liability claims, via the introduction of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (“the EL/PL Protocol”).

In particular, the amendments to Section III of Part 45 extend the fixed costs regime, which prescribes the costs which may be recovered by a claimant under the RTA Protocol, to include claims made under the extended RTA and EL/PL Protocols and prescribes the costs a claimant may recover in those cases.

New Section IIIA of Part 45 provides for a fixed costs regime in respect of those claims which exit the RTA and EL/PL Protocols and which are subsequently settled or proceed to judgment and again prescribes the costs which might be recovered by a claimant in those cases. Provision is also made both in respect of defendants’ costs in those cases where the fixed costs regime would otherwise apply (including those cases where a defendant successfully counterclaims) and the costs recoverable by both parties in related interim applications.

New rules 36.10A and 36.14A make provision in respect of the fixed costs in Sections III and IIIA of Part 45 which a claimant may recover when the claimant either accepts or fails to beat a defendant’s Part 36 offer. Provision is also made with regard to defendants’ costs in those circumstances.

Consequential minor amendments are made to Parts 45 and 36, as well as rules 14.1B and 27.14, which reflect the introduction of the EL/PL Protocol;

• the insertion of a note in rule 47.6 to draw attention to the (new) location of costs provisions specifically in relation to civil recovery orders;

• the addition of paragraph (15) to RSC Order 79 rule 9, in relation to section 1(1A) and (1B) of the Bail (Amendment) Act 1993.

Footnotes

[^f00001]: 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, 146, Schedule 4 Part 1 and Schedule 18, Part 2.

[^f00002]: S.I. 1998/3132 to which there are relevant amendments in S.I. 2005/2292, rule 31; S.I. 2006/1689, rule 5; S.I. 2006/3435, rule 6; S.I. 2009/3390, rule 14; S.I. 2010/ 621, rules 3 and 5; S.I. 2012/2208, rules 2 and 4; S.I. 2013/262, rules 9 and 16 and the Schedule; and S.I. 2013/789, rule 3.

[^f00003]: 1993 c.26. Section 1(1A) was inserted by the Extradition Act 2003 (c.41) section 200 and amended by the Police and Justice Act 2006 (c.48) section 42, Schedule 13 Part 2 paragraph 28. Section 1(1B) was inserted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) section 90, Schedule 11, paragraph 32.

[^f00004]: 1993 c. 26. Section 1(5) was amended by the Extradition Act 2003, section 200.