Rule 45.35 Failure to comply or electing not to continue with the relevant Protocol – costs consequencesF1

This rule applies where the claimant—

and starts proceedings under Part 7.

Subject to paragraph (3), where a judgment is given in favour of the claimant but—

the court may order the defendant to pay no more than the fixed costs in rule 45.28 together with the disbursements allowed in accordance with Section IX of this Part.

Where a judgment is given in favour of the claimant but the claimant did not comply with the process in paragraph 6.3A(2) of the RTA Protocol, the court may not order the defendant to pay the claimant’s costs and disbursements save in exceptional circumstances.

Where the claimant starts proceedings under paragraph F27.29 of the RTA Protocol or paragraph F37.27 of the EL/PL Protocol and the court orders the defendant to make an interim payment of no more than the interim payment made under paragraph F47.19(2) or (3) of the RTA Protocol or paragraph F57.18(2) or (3) of the EL/PL Protocol the court shall, on the final determination of the proceedings, order the defendant to pay no more than—

Nothing in Section VI or Section VII of this Part shall prevent the court making an order under this rule where appropriate.