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Since when did RTA protocol 7.44 become irrelevant?

7.44 Any offer to settle made at any stage by either party will automatically include, and cannot exclude—

(1) the Stage 1 and Stage 2 fixed costs in rule 45.18;

(2) an agreement in principle to pay a sum equal to the Type C fixed costs of an additional advice on quantum of damages where such advice is justified under paragraph 7.10;

(3) an agreement in principle to pay relevant disbursements allowed in accordance with rule 45.19;

(3A) in a soft tissue injury claim, the cost of obtaining a medical report in rule 45.19(2A)(a); or

(4) where applicable, any success fee in accordance with rule 45.31(1) (as it was in force immediately before 1 April 2013).

Once a claim is uploaded to the MOJ Portal, the RTA Protocol applies and, where either party makes an offer (the rule doesn't specify that the offer has to be to the Claimant's Solicitors or require the offer to even be accepted), the automatic costs provisions will apply.

The insurance industry seems to forget that the system they now appear to be disregarding was put in place at their behest!

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