NEW COSTS RULES: WHEN A CASE CAN’T GO INTO THE INTERMEDIATE TRACK
Continuing with the series about the new rules relating to fixed costs. Here we recap on those cases that are not affected by the rules (because of the commencement date) and those issues that must be allocated to the multi-track.
THE KEY DATE: 1st OCTOBER 2023
The rules only apply:
- In non-personal injury cases where proceedings are issued on or after the 1st October 2023.
- In personal injury cases where the cause of action is on or after 1st October 2023.
- In personal injury claims that include a disease claim where the letter of claim is written on or after 1st October 2023
2.—(1) Subject to paragraphs (2) and (3), in so far as any amendment made by these Rules
(b) assignment to a complexity band;
(c) directions in the fast track or the intermediate track; or
those amendments only apply to a claim where proceedings are issued on or after 1st October
(2) The amendments referred to in paragraph (1) only apply—
(a) to a claim which includes a claim for personal injuries, other than a disease claim, where
the cause of action accrues on or after 1st October 2023; or
(b) to a claim for personal injuries, which includes a disease claim, in respect of which no
letter of claim has been sent before 1st October 2023.
(3) This rule does not apply to the amendments made by rule 9(3)(b)(i) or rule 16(1) and (6) of
these Rules, nor to Section II of Part 45 in Schedule 3 to these Rules.”
CASES THAT MUST BE ALLOCATED TO THE MULTI-TRACK
There are also cases that must be allocated to the Multi-Track