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Rule 45.42 Claims which do not continue under the RTA Small Claims ProtocolF1

(1)

This rule applies where—

(a)

a claim has been started under the RTA Small Claims Protocol, but no longer continues under that Protocol; and

(b)

the claim has not subsequently proceeded under the RTA Protocol.

(2)

Where this rule applies, Section VI of this Part applies as though the claim had started under the RTA Protocol, except where—

(a)

the court makes an order under rule 45.41; or

(b)

the claim no longer continues under the RTA Small Claims Protocol because either the claimant or defendant becomes a protected party as defined in rule 21.1(2).

Annotations

Textual amendments

F1

Pt. 45 substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rule 1(1), Sch. 3 (with rule 2)

Notes on Part 45

Textual amendments

F2

Words in Pt. 45 Table of Contents inserted (6.4.2024) by The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(a)

F3

Words in Pt. 45 Table of Contents omitted (6.4.2024) by virtue of The Civil Procedure (Amendment) Rules 2024 (S.I. 2024/106), rules 1(1), 9(1)(b)

F4

Words in Pt. 45 Table of Contents inserted (1.10.2024) by The Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839), rules 1(1), 11(1)