Section 45.35

This rule applies where the claimant— and starts proceedings under Part 7. does not comply with the process set out in the relevant Protocol; or elects not to continue with that process, 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. the court determines that the defendant did not proceed with the process set out in the relevant Protocol because the claimant provided insufficient information on the Claim Notification Form; the court considers that the claimant acted unreasonably— by discontinuing the process set out in the relevant Protocol and starting proceedings under Part 7; by valuing the claim at more than £25,000, so that the claimant did not need to comply with the relevant Protocol; or except for paragraph (2)(a), in any other way that caused the process in the relevant Protocol to be discontinued; or the claimant did not comply with the relevant Protocol at all despite the claim falling within the scope of the relevant Protocol, 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 7.29 of the RTA Protocol or paragraph 7.27 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 7.19(2) or (3) of the RTA Protocol or paragraph 7.18(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— the Stage 1 and 2 fixed costs; and the disbursements allowed in accordance with Section IX of this Part. Nothing in Section VI or Section VII of this Part shall prevent the court making an order under this rule where appropriate.

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Source: legislation.gov.uk · retrieved 2026-08-15