A reminder that rule changes come into force on the 1st October with links to the relevant rules and useful articles and guidance.
AN OUTLINE OF THE CHANGES
The following summary is taken from The Justice guide The changes are, in brief:
PD2D References in the rules to actions done by the Court
A change from “must to will” in all future rules.
PD5C Electronic working scheme
PD8A Alternative procedure for claims
Part 21 Children and protected parties
Part 30 Transfer
PD8B The PAP for Low Value Personal Injury Claims in RTA and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims, PD16 Statements of Case, Part 35 Experts and Assessors, Part 36 Offers to settle and payments into court, Part 45 Fixed Costs and Pre-Action Protocol in respect of Low Value Personal Injury claims in Road Traffic Accidents
Amendments are made in respect of reforms to the handling of low value personal injury claims, and the costs incurred. The amendments both provide for fixed costs in relation to medical reports obtained pursuant to, and deal with offers to settle in respect of, low value soft tissue personal injury claims (whiplash injuries) started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. The Protocol defines both “fixed cost medical report” and “soft tissue injury claim”.
Amendments to Part 36 are made in respect of those claims which are started under the Protocol but which are no longer subject to it and instead are pursued in court. Amendments to Part 45 detail the costs allowed for certain medical reports. Amendments further provide that no fee shall be allowed for the costs of obtaining a medical report from a medical expert who has provided treatment or is associated with an expert who has provided treatment. The amendments apply to soft tissue injury claims started under the Protocol where the Claim Notification Form is sent in accordance with the Protocol on or after 1 October 2014.
PD51I The County Court at Central London Multi-Track pilot scheme
Part 52 Appeals
Part 54 Judicial Review and Statutory Review
Part 57 and PD57B Probate and Inheritance
Part 65 and PD65 Proceedings relating to anti-social behaviour and harassment
PD67 Proceedings relating to solicitors
Part 81 Contempt and Committal
Part 83 and PD83 Writs and Warrants – General Provisions
Pre-Action Protocol for Judicial Review
THE RULE CHANGES
USEFUL LINKS TO GUIDANCE ON THE CHANGES
- Kerry Underwood on New Whiplash Rules in Today
- There is a summary of the changes in the New Law Journal’s Civil Way
- Kerry Underwood’s blog contains a note of the changes to whiplash report fees
- Harmans also deal with the fixed fees for whiplash cases
- Zurich have a quick reference guide to whiplash reforms
- My colleague Bronia Hartley has a useful and succinct post on the changes to material to be filed in minor/protected party settlement cases