RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle
RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • RTA, EL/PL and Package Travel protocols—consequential amendments to Part 36 offers to settle
  • Part 36 offers to settle under the RTA and EL/PL Protocols ('Protocol offers')
  • Part 36.20—costs consequences of acceptance of a Part 36 offer where Section IIIA of Part 45 applies
  • Part 36.21—costs consequences following judgment where Section IIIA of Part 45 applies

THIS PRACTICE NOTE ONLY CONTAINS PROVISIONS EFFECTIVE FROM 6 APRIL 2015 ONWARDS FOR CLAIMS WHICH HAVE FOLLOWED THE RTA OR EL/PL PROTOCOL AND FROM 7 MAY 2018 ONWARDS FOR CLAIMS UNDER THE PACKAGE TRAVEL PROTOCOL.

Part 36 offers to settle under the RTA and EL/PL Protocols ('Protocol offers')

Application of Protocol offers—CPR 36.24

These apply where the parties have followed the RTA or the EL/PL Protocol and have started proceedings under ‘the Stage 3 Procedure’ as per CPR PD 8B and an offer to settle is made a ‘Protocol offer’ under CPR 36.25 This must:

  1. be set out in the Court Proceedings Pack (Part B) Form, and

  2. contain the final total amount of the offer from both parties

Deemed date of the Protocol offer

The deemed date of the Protocol offer is on the first business day after the Court Proceedings Pack (Pts A and B) Form is sent to the defendant.

General provisions

A Protocol offer is treated as exclusive of interest and has the consequences set out in this section only in relation to fixed costs of the stage 3 procedure, and not in relation to the costs of any appeal from the final decision of those proceedings.

When can a Protocol offer be disclosed to the court?

A Protocol offer cannot be disclosed to the court until the claim