The Civil Procedure (Amendment No. 2) Rules 2018

2018 No. 479 (L. 5)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment No. 2) Rules 2018

Made 9th April 2018

Laid before Parliament 16th April 2018

Coming into force 7th May 2018

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to 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.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(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.

S-2 Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

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

S-3 Amendment of Part 2

Amendment of Part 2

3. 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”; and

(b) after rule 2.4, insert—

S-2.4A

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.”.

S-4 Amendment of Part 36

Amendment of Part 36

4. In Part 36—

(a) in rule 36.20, for paragraph (1) substitute—

S-1

“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.”; and

(b) in rule 36.21—

(i) for paragraph (1) substitute—

S-1

“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.”; and

(ii) in paragraph (3), after “Subject to paragraphs (4) and (5), where” insert “in a claim to which paragraph (1)(a) applies,”.

S-5 Amendment of Part 45

Amendment of Part 45

5. 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—

S-1

“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...

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