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Rule 36.22 Scope of this Section and definitionsF1F2

(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.

Annotations

Textual amendments

F1

Pt. 36 substituted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 1 (with rule 18)

F2

Pt. 36 Section 2 inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(10) (with rule 2)

Notes on Part 36

Textual amendments

F2

Words in Pt. 36 Table of Contents substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 12(1) (with rule 2)

F3

Words in Pt. 36 Table of Contents inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 19(1)