The Civil Procedure (Amendment No. 2) Rules 2021 (Version in vigour from 2021-05-31 to )
| Currency | No known outstanding effects |
| Coming into Force | 31 May 2021 |
(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2021 and come into force on 31st May 2021.(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 The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 9 of these Rules. (1) In the list of contents at the beginning of Part 14, for the entry in the first column for rule 14.1B, substitute— “ Admissions made under the RTA Protocol, the EL/PL Protocol or the RTA Small Claims Protocol ” .for the heading to the rule, substitute— “ Admissions made under the RTA Protocol, the EL/PL Protocol or the RTA Small Claims Protocol ” ;in paragraph (1) , after “(‘the RTA Protocol’) ”, for “or” substitute “ , ” ; andafter “(‘the EL/PL Protocol’) ”, insert “or the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (‘the RTA Small Claims Protocol’) ”;in paragraph (2) (a) (i) , before “during the initial consideration”, insert “ where the RTA Protocol or the EL/PL Protocol applies, ” ; andafter paragraph (2) , insert—in paragraph (3) , for “In a claim”, substitute after paragraph (3) , insert— a claim for personal injuries arises from a road traffic accident which occurs on or after 31st May 2021; andrules 26.5A, 26.6A or 26.6B do not apply to that claim,the claimant must state in the claim form whether the amount which the claimant expects to recover as general damages for pain suffering and loss of amenity is—not more than £5,000; ormore than £5,000.‘Road traffic accident’ has the meaning ascribed to it by rule 26.6(2A) .(1) In the list of contents at the beginning of Part 26, after the entry for rule 26.6, insert—“ Subject to rule 26.5A, if a defendant ” .(3) In rule 26.5(1) , for “The court”, substitute “ Subject to rule 26.5A, the court ” .(4) After rule 26.5, insert—“ under rules 26.6, 26.6A or 26.6B ” .in paragraph (2) , after “to the...
- (2A) Where the RTA Small Claims Protocol applies, the defendant's admissions may be withdrawn pursuant to paragraph 8.9 of that Protocol.
- (3A) Where—
- (a) a claim for personal injuries arises from a road traffic accident which occurs on or after 31st May 2021; and
- (b) rules 26.5A, 26.6A or 26.6B do not apply to that claim,
| Road traffic accident related personal injury claims | Rule 26.6A |
| Children and protected parties | Rule 26.6B |
- (1) This rule applies where—
- (a) the parties have followed the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents; and
- (b) proceedings have been started under Practice Direction 27B.
- (2A) ‘Road traffic accident’ means an accident resulting in a bodily injury to any person caused by, or arising out of, the use of a motor vehicle on a road or other public place in England and Wales unless the injury was caused wholly or in part by a breach by the defendant of one or more of the relevant statutory provisions as defined by section 53 of the Health and Safety at Work etc. Act 1974 .
- (a) the accident occurred before 31st May 2021;
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(b) unless rule 26.6B applies, on the date that proceedings are started, the claimant is—
(i) a child; or (ii) a protected party; -
(c) when the accident occurred, the claimant was—
(i) using a motor cycle; (ii) a pillion passenger on, or a passenger in a sidecar attached to, a motor cycle; (iii) using a wheelchair, a powered wheelchair or a mobility scooter ;
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