The Civil Procedure (Amendment No. 2) Rules 2018

• Citation: S.I. 2018/479
• Sections: 5

Section 1 Citation, commencement and interpretation

(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 .

Section 2 Amendments to the Civil Procedure Rules 1998

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

Section 3 Amendment of Part 2

In Part 2—

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

(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.

Section 4 Amendment of Part 36

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,”.

Section 5 Amendment of Part 45

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”.