Section 45.41(1)
The Civil Procedure Rules 1998 · United Kingdom
This rule applies where the claimant— does not comply with the process set out in the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (‘the RTA Small Claims Protocol’); or either— and starts proceedings under Part 7 which are not allocated to the small claims track. elects not to continue with that process; or elects not to proceed with that process having been notified by the defendant pursuant to paragraph 6.15(4)(b) of the RTA Protocol that if proceedings were issued, the small claims track would be the normal track for that claim,
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Source: legislation.gov.uk · retrieved 2026-08-15