The Civil Procedure (Amendment No. 2) Rules 2023
| Jurisdiction | UK Non-devolved |
| Citation | SI 2023/572 |
2023 No. 572 (L. 6)
SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES
The Civil Procedure (Amendment No. 2) Rules 2023
Made 22May 2023
Laid 24May 2023
Coming into force 1October 2023
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(a) to make rules under section 1 of and Schedule 1 to that Act and section 67B(1) of the Courts Act 2003(b), and after fulfilling the requirements of section 2(6) of the Civil Procedure Act 1997 and section 67C of the Courts Act 2003, makes the following Rules.
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2023 and
come into force on 1st October 2023, subject to rule 2.
(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(c).
Transitional provisions
2.—(1) Subject to paragraphs (2) and (3), in so far as any amendment made by these Rules
applies to—
(a) allocation;
(b) assignment to a complexity band;
(c) directions in the fast track or the intermediate track; or
(d) costs,
those amendments only apply to a claim where proceedings are issued on or after 1st October
2023.
(a) 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 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18. Section 1(1) was
amended by the Crime and Courts Act 2013 (c. 22), section 17(5) and Schedule 9, Part 3, paragraph 67(a). Schedule 1 to the
1997 Act was amended by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), section 3, Schedule,
Part 1, paragraph 19, the Crime and Courts Act 2013, section 175, Schedule 9, Part 3, paragraph 67(b).
(b) 2003 c. 39. Sections 67B and 67C were inserted by section 3 of, and paragraph 32 of the Schedule to, the Courts and
Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).
(c) S.I. 1998/3132. There are relevant amendments in S.I. 2000/221, S.I. 2000/2092, S.I. 2001/256, S.I. 2001/1388, S.I.
2001/4015, S.I. 2002/2058, S.I. 2006/3435, S.I. 2007/2204, S.I. 2009/3390, S.I. 2012/2208, S.I. 2013/262, S.I. 2016/788,
S.I. 2017/95, S.I. 2019/1118, S.I. 2021/117, S.I. 2021/196, S.I. 2022/101 and S.I. 2022/783.
(2) The amendments referred to in paragraph (1) only apply—
(a) to a claim which includes a claim for personal injuries, other than a disease claim, where
the cause of action accrues on or after 1st October 2023; or
(b) to a claim for personal injuries, which includes a disease claim, in respect of which no
letter of claim has been sent before 1st October 2023.
(3) This rule does not apply to the amendments made by rule 9(3)(b)(i) or rule 16(1) and (6) of
these Rules, nor to Section II of Part 45 in Schedule 3 to these Rules.
Amendments to the Civil Procedure Rules 1998
3. The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 21 of these Rules.
Amendment of Part 2
4. In rule 2.11, in the words in parentheses, for “28.4 (variation of case management timetable –
fast track)” substitute “28.3 (variation of case management timetable – fast track and intermediate
track)”.
Amendment of Part 3
5.—(1) In rule 3.1A(3), after “multi-track” insert “, intermediate track”.
(2) In rule 3.7A1(1)(d), after “multi-track” insert “, intermediate track”.
Amendment of Part 16
6.—(1) In rule 16.2, after paragraph (1) insert—
“(1A1) In a claim to which Part 45 does not apply, no amount shall be entered on the
claim form for the charges of the claimant’s legal representative, but the words ‘to be
assessed’ shall be inserted.”.
(2) In rule 16.3—
(a) in paragraph (2)(b), after paragraph (iii) insert—
“(iv) more than £25,000 but not more than £100,000; or”;
(b) in paragraph (3A)(b), for “26.5A, 26.6A or 26.6B” substitute “26.8, 26.10 or 26.11”;
(c) in paragraph (3AA)(b), for “26.6A” substitute “26.10”; and
(d) in paragraph (3B) for “26.6(2A)” substitute “26.9(3)”.
Amendment of Part 21
7.—(1) In rule 21.10(6), for “Section II or Section III” substitute “Section IV”.
(2) In rule 21.12(9)—
(a) for “Section II, III, or IIIA” substitute “Section IV, Section VI, Section VII or Section
VIII”; and
(b) for “45.13 or 45.29J” substitute “45.9 or 45.10”.
Amendment of Part 26
8. For Part 26 substitute Part 26 as set out in Schedule 1 to these Rules.
Amendment of Part 27
9.—(1) In rule 27.1(2), in the words in parentheses, for “26.6”, in both places it appears,
substitute “26.9”.
(2) In rule 27.3, after “fast track” insert “, the intermediate track”.
(3) In rule 27.14—
(a) after paragraph (1), in the words in parentheses, for “Rules 46.11 and 46.13 make”
substitute “Rule 46.13 makes”; and
(b) in paragraph (2)—
(i) for sub-paragraph (a) substitute—
“(a) the fixed costs attributable to issuing the claim, calculated in accordance with
Table 2 in Practice Direction 45; or”; and
(ii) in sub-paragraph (h), for “the Stage 1 and, where relevant, the Stage 2 fixed costs in
rule 45.18”, substitute “the applicable Stage 1 and, where relevant, the Stage 2 fixed
costs in Table 10 and Table 11 in Practice Direction 45”.
(4) For rule 27.15 substitute—
“27.15.—(1) Where a claim is allocated to the small claims track and subsequently re-
allocated to another track, the costs which may be allowed are those applicable to the track
to which the claim is reallocated, as if the claim been allocated to that track at the outset.
(2) Where a claim is reallocated to the small claims track from the multi-track, rule 27.14
shall apply to the period before, as well as after, reallocation, except where a court order or
a rule or practice direction provides otherwise.”.
Amendment of Part 28
10. For Part 28 substitute Part 28 as set out in Schedule 2 to these Rules.
Amendment of Part 29
11. In rule 29.1, in the second set of words in parentheses, after “claims allocated to the fast
track” insert “or intermediate track”.
Amendment of Part 36
12.—(1) In the table of contents of this Part, for the entries for rule 36.20 to the end substitute—
“Deduction of benefits and Lump sum
payments
Rule 36.20
MISCELLANEOUS
Cases in which the offeror’s costs have been
limited to court fees
Rule 36.21
Section II - Claims to which Sections VI, VII
or VIII of Part 45 Apply
Scope of this Section Rule 36.22
Costs consequences of acceptance of a Part
36 offer
Rule 36.23
Costs consequences following judgment Rule 36.24
Section III - RTA Protocol and EL/PL
Protocol offers to settle
Scope of this Section Rule 36.25
Form and content of a Protocol offer Rule 36.26
Time when a Protocol offer is made Rule 36.27
General provisions Rule 36.28
Restrictions on disclosure of a Protocol
offer
Rule 36.29
Costs consequences following judgment Rule 36.30
Deduction of benefits Rule 36.31”.
(2) In rule 36.1—
(a) after paragraph (2) insert—
“(3) Section II of this Part contains rules about Part 36 offers where a claim is one to
which Section VI (fixed costs in the fast track), Section VII (fixed costs in the intermediate
track) or Section VIII (claims for noise-induced hearing loss) of Part 45 applies.”;
(b) in the paragraph which, going forward, follows paragraph (3)—
(i) renumber that paragraph, paragraph (4); and
(ii) for “Section II” substitute “Section III”.
(3) In rule 36.2, for paragraph (1), substitute—
“(1) This Section—
(a) applies to an offer to settle to which Section II of this Part applies, unless
otherwise stated; but
(b) does not apply to an offer to settle to which Section III applies.”.
(4) In rule 36.5—
(a) in paragraph (1)(c), for “36.20” substitute “36.23”; and
(b) in paragraph (3), for “36.22” substitute “36.20”.
(5) In rule 36.11(3), in—
(a) sub-paragraph (b); and
(b) after sub-paragraph (d), in the second set of parentheses,
for “36.22”, in both places it appears, substitute “36.20”.
(6) In rule 36.13, after paragraph (1), omit the words in parentheses.
(7) In rule 36.17(1)—
(a) for “36.21” substitute “36.24”; and
(b) after sub-paragraph (b), omit the words in parentheses.
(8) Omit rule 36.20 and rule 36.21.
(9) Renumber—
(a) rule 36.22, rule 36.20; and
(b) rule 36.23, rule 36.21.
(10) After what, going forward, will be rule 36.21 insert—
“SECTION II
Claims to Which Sections VI, VII, or VIII of Part 45 Apply
Scope of this Section and definitions
36.22.—(1) This Section applies where a claim is one to which Section VI, Section VII or
Section VIII of Part 45 applies.
(2) In this Section—
(a) “fixed cost medical report” and “soft tissue injury claim” have the meaning
ascribed by paragraph 1.1(10A) and (16A) respectively of the RTA Protocol;
(b) for the purposes of rules 36.23 and 36.24, a defendant’s Protocol offer is either—
(i) defined in accordance with rules 36.26 and 36.27; or
(ii) if the claim leaves the Protocol before the Court Proceedings Pack Form is
sent to the defendant—
(aa) the last offer made by the defendant before the claim leaves the
Protocol; and
(bb) deemed to be made on the first business day after the claim leaves the
Protocol; and
(c) reference to—
(i) the “Court Proceedings Pack Form” is a reference to the form used in the
Protocol; and
(ii) “business day” is a reference to a business day as defined in rule 6.2.
Costs consequences of acceptance of a Part 36 offer
36.23.—(1) Where a Part 36 offer is accepted within the relevant period, the claimant is
entitled to—
(a) the fixed costs in Table 12, Table 14 or Table 15 in Practice Direction 45 for the
stage applicable at the date on which notice of acceptance was served on the
offeror; and
(b) any applicable additional fixed costs allowed under Section I, Section VI, Section
VII or Section VIII of Part 45 incurred in any period for which costs are payable to
them.
(2) Where—
(a) a defendant’s Part 36 offer relates to part only of the claim; and
(b) at the time...
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