The Civil Procedure (Amendment No. 6) Rules 2014
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Change 1
6 Amendments to the Civil Procedure Rules 1998
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. .
6 Amendments to the Civil Procedure Rules 1998
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. .
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