Article 5 Amendment of Part 45

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—

“(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 Stage 3 Procedure in Practice Direction 8B; and

(b)
to a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.”;

(d)

in the heading to rule 45.29D, after “EL/PL Protocol” insert “and Pre-Action Protocol for Resolution of Package Travel Claims”;

(e)

in rule 45.29D, after “a claim started under the EL/PL Protocol” insert “or in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies,”;

(f)

in the heading to rule 45.29E, after “EL/PL Protocol” insert “and Pre-Action Protocol for Resolution of Package Travel Claims”;

(g)

in rule 45.29E(1)(b), after “public liability claims” insert “and claims to which the Pre-Action Protocol for Resolution of Package Travel Claims applies”;

(h)

in rule 45.29H, after paragraph (1), insert—

“(1A)
Where the order for costs is made in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6A.”; and

(i)

in rule 45.29I(2), for the words “either the RTA Protocol or the EL/PL Protocol” substitute “the RTA Protocol, the EL/PL Protocol or the Pre-Action Protocol for Resolution of Package Travel Claims”.