The Civil Procedure (Amendment No. 6) Rules 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2044 |
| Year | 2014 |
2014No. 2044 (L. 28)
SENIOR COURTS OF ENGLAND AND WALES
COUNTY COURT, ENGLAND AND WALES
The Civil Procedure (Amendment No. 6) Rules 2014
29thJuly2014
1stAugust2014
1stOctober2014
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997( 1) to make rules of court under section 1 of that Act and section 9(1) and (2) of the Presumption of Death Act 2013( 2), after consulting in accordance with section 2(6)(a) of the Civil Procedure Act 1997, makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No. 6) Rules 2014.
2. These Rules shall come into force on 1st October 2014.
3. 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( 3).
Amendments to the Civil Procedure Rules 1998
4. In rule 30.5, after paragraph (3) insert-
"(4) An order for transfer of proceedings between the Chancery Division and a Queen's Bench Division specialist list may only be made with the consent of the Chancellor of the High Court.".
5. In rule 35.4, after paragraph (3A) insert-
"(3B) In a soft tissue injury claim, permission-
(a) may normally only be given for one expert medical report;
(b) may not be given initially unless the medical report is a fixed cost medical report. Where the claimant seeks permission to obtain a further medical report, if the report is from a medical expert in any of the following disciplines-
(i) Consultant Orthopaedic Surgeon;
(ii) Consultant in Accident and Emergency Medicine;
(iii) General Practitioner registered with the General Medical Council; or
(iv) Physiotherapist registered with the Health and Care Professions Council,
the report must be a fixed cost medical report.
(3C) In this rule, "fixed cost medical report' and "soft tissue injury claim' have the same meaning as in paragraph 1.1(10A) and (16A), respectively, of the RTA Protocol.".
6. In Part 36-
(a) in rule 36.10A-
(i) in paragraph (4), for "paragraph (5)", substitute "paragraphs (5), (5A) and (5B)";
(ii) in paragraph (5), for "Where" substitute "Subject to paragraphs (5A) and (5B), where"; and
(iii) after paragraph (5)(b) insert-
"(5A) In a soft tissue injury claim, if the defendant makes a Part 36 offer before the defendant receives a fixed cost medical report, paragraphs (4) and (5) will only have effect if the claimant accepts the offer more than 21 days after the defendant received the report.
(5B) In this rule, "fixed cost medical report' and "soft tissue injury claim' have the same meaning as in paragraph 1.1(10A) and (16A), respectively, of the RTA Protocol.";
(b) in rule 36.14-
(i) in paragraph (2), for "paragraph (6)" substitute "paragraphs (6) and (7)"; and
(ii) after paragraph (6)(c), before the words in parentheses insert-
"(7) Paragraph (2) of this rule does not apply to a soft tissue injury claim to which rule 36.14A applies."; and
(c) in rule 36.14A-
(i) in paragraph (2), for "paragraph (3)" substitute "paragraphs (3), (3A) and (3B)";
(ii) in paragraph (3), for "Where" substitute "Subject to paragraphs (3A) and (3B), where"; and
(iii) after paragraph (3)(c), below the words in parentheses, insert-
"(3A) In a soft tissue injury claim, if the defendant makes a Part 36 offer or Protocol offer before the defendant receives a fixed cost medical report, paragraphs (2) and (3) will only have effect in respect of costs incurred by either party more than 21 days after the defendant received the report.
(3B) In this rule, "fixed cost medical report' and "soft tissue injury claim' have the same meaning as in paragraph 1.1(10A) and (16A), respectively, of the RTA Protocol.".
7. In Part 45-
(a) in rule 45.19-
(i) in paragraph (1), for "The court" substitute "Subject to paragraphs (2A) to (2E), the court"; and
(ii) after paragraph (2)(e) insert-
"(2A) In a soft tissue injury claim to which the RTA Protocol applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows-
(a) obtaining the first report from any expert permitted under 1.1(12) of the RTA Protocol: £180;
(b) obtaining a further report where justified from one of the following disciplines-
(i) Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;
(ii) Consultant in Accident and Emergency Medicine: £360;
(iii) General Practitioner registered with the General Medical Council: £180; or
(iv) Physiotherapist registered with the Health and Care Professions Council: £180;
(c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;
(d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and
(e) answer to questions under Part 35: £80.
(2B) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report from a medical expert who-
(a) has provided treatment to the claimant;
(b) is associated with any person who has provided treatment; or
(c) proposes or recommends that they or an associate provide treatment.
(2C) The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified.
(2D) Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.
(2E) In this rule, "associate', "associated with', "fixed cost medical report' and "soft tissue injury claim' have the same meaning as in paragraph 1.1(1A), (10A) and (16A), respectively, of the RTA Protocol.";
(b) in rule 45.29F(9), after the words "judgment more advantageous than the", for "claimant's" substitute "defendant's"; and
(c) in rule 45.29I-
(i) in paragraph (1), for "The court" substitute "Subject to paragraphs (2A) to (2E), the court"; and
(ii) after paragraph (2)(h) insert-
"(2A) In a soft tissue injury claim started under the RTA Protocol, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows-
(a) obtaining the first report from any expert permitted under 1.1(12) of the RTA Protocol: £180;
(b) obtaining a further report where justified from one of the following disciplines-
(i) Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;
(ii) Consultant in Accident and Emergency Medicine: £360;
(iii) General Practitioner registered with the General Medical Council: £180; or
(iv) Physiotherapist registered with the Health and Care Professions Council: £180;
(c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;
(d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and
(e) answer to questions under Part 35: £80.
(2B) Save in exceptional circumstances, no fee may be allowed for the cost of obtaining a report from a medical expert who-
(a) has provided treatment to the claimant;
(b) is associated with any person who has provided treatment; or
(c) proposes or recommends that they or an associate provide treatment.
(2C) The cost of obtaining a further report from an expert not listed in paragraph (2A)(b) is not fixed, but the use of that expert and the cost must be justified.
(2D) Where appropriate, VAT may be recovered in addition to the cost of obtaining a fixed cost medical report or medical records.
(2E) In this rule, "associate', "associated with', "fixed cost medical report' and "soft tissue injury claim' have the same meaning as in paragraph 1.1(1A), (10A) and (16A), respectively, of the RTA Protocol.".
8. In Part 52-
(a) in the table of contents-
(i) after the entry for rule 52.5 insert-
"Transcripts at public expense |
Rule 52.5A"; |
(ii) in the entry for rule 52.15, after "Judicial review appeals" insert "from the High Court"; and
(iii) after the entry for rule 52.15 insert-
"Judicial review appeals from the Upper Tribunal |
Rule 52.15A"; |
(b) in rule 52.3(4), after "Subject to paragraph (4A)" insert "and except where a rule or practice direction provides otherwise";
(c) after rule 52.5 insert-
"Transcripts at public expense
52.5A.
(1) Subject to paragraph (2), the lower court or the appeal court may direct, on the application of a party to the proceedings, that an official transcript of the judgment of the lower court, or of any part of the evidence or the proceedings in the lower court, be obtained at public expense for the purposes of an appeal.
(2) Before making a direction under paragraph (1), the court must be satisfied that-
(a) the applicant qualifies for fee remission or is otherwise in such poor financial circumstances that the cost of obtaining a transcript would be an excessive burden; and
(b) it is necessary in the interests of justice for such a transcript to be obtained.";
(d) in rule 52.9(3), for "he" substitute "they";
(e) in rule 52.15-
(i) in the title, after "Judicial review appeals" insert "from the High Court";
(ii) in paragraph (2), after "apply for judicial review" insert "or, in the case of an application under paragraph (1A), within 7 days of service of...
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