Civil Procedure Rules
What's New?
[This page was last updated on 05th January 2010]
Updates
51st Update January 2010
The 51st Update to the Civil Procedure Rules introduces changes in a large number of areas. The changes come into force on 6 April 2010 with the exception of:
Amendments to Part 52 Appeals in relation to the Asylum and Immigration Tribunals which comes into force on 15 February 2010.
Amendments in respect of the commencement of Lugano convention which came into force on 1 January 2010 and 10 January 2010 for the rules and practice directions respectively.
Practice Direction 5C Electronic Working Scheme which comes into force 1 April 2010.
Further amendments
Please note that it is intended to lay a further Statutory Instrument in February 2010. The amendments to the rules included in the Statutory Instrument and the accompanying Practice Direction Making Document will also come into force on 6 April 2010.
Part 2 Application and Interpretation of the Rules
The definition of legal representative and authorised person are amended as a consequence of the Legal Services Act 2007, however there is no change to the class of persons authorised. There are a number of changes in Part 2, Part 6, Part 48 and PD32.
PD5C Electronic Working Scheme
Following an earlier pilot, a practice direction is introduced to allow for the electronic submission of claims and subsequent steps in the following jurisdictions: Admiralty, Commercial and London Mercantile Courts, The Technology and Construction Court, Chancery Division of the High Court, including Bankruptcy, Companies and Patents courts. Consequential amendments are made to Part 2, and Part 7. PD51C which sets out the pilot scheme has been revoked.
Part 6 Service of Documents
Amendments are made in order to comply with the EU Services Directive (2006/123/EC) to allow for service of documents on a party’s legal representative who is qualified to practise in England and Wales but is based in another EU member state. Consequential amendments are also made to PD6B and PD42.
PD23A Applications
Amendments are made to extend by two days the time by which documents can be filed at court. Further amendments are made to increase the time for filing an application notice and for service of the notice where there is a telephone hearing.
PD43-48 Costs PD
Amendments are made to: include email and other electronic communications in the definition of “communications” and consequently an allowance for them under charges for work done by solicitors; and provide for at the court’s discretion an allowance for the time spent in preparation of electronic communications other than emails; remove the necessity to provide a detailed costs estimate in fast track cases at allocation to track. Amendments are also made to reflect revocation of the Conditional Fee Agreements Regulations 2000 including disclosure of the relevant details of a conditional fee agreement to enable the court to determine the level of risk undertaken by the solicitor; and removing the need to file documents with a request for detailed assessment of costs.
Part 52 Appeals
Amendments are made to implement the new unified Tribunal structure as set out in the Tribunals Courts and Enforcement Act 2007, the Asylum and Immigrant Tribunal and its functions will be transferred to the First-tier Tribunal and will be beard by the Upper Tribunal and the Court of the Appeal rather than the High Court. There are consequential amendments to PD52 and Part 54. PD54B is deleted. These amendments come into force on 15 February 2010.
PD52 Appeals
Amendments to the PD into are made to allow for regulatory appeals against decisions of the Law Society or the Solicitors Disciplinary Tribunal involving solicitors and other legal professionals to be determined in the High Court. Amendments are also made to allow for a senior lawyer in the Civil Appeals Office to be a designated Master and to take the lead in relation to quasi judicial functions carried out by Masters and Deputy Masters.
PD66 Crown Proceedings
The annex to PD66 setting out the list of solicitors acting for different government departments on whom service is to be effected is substituted.
PD70 Enforcement of Judgments and Orders
Amendments are made to allow a High Court Enforcement Officer to file an award, register an award and issue of enforcement process on behalf of an applicant who wishes to enforce Employment Tribunal and Employment Appeal Tribunal awards.
Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property
Under the protocol lenders are obliged to consider postponing possession proceedings should the borrower be entitled to financial support under the various support schemes listed in the protocol. The protocol has been amended to include a further scheme in the list.
Practice Directions
In order to address inconsistencies in the references to, and numbering of, the practice directions amendments are made to remove the inconsistencies and to renumber the practice directions in a uniform way.
Lugano amendments
Amendments are made to Part 6, 12, 25 and 74 and PD12 and 74 as a consequence of the commencement of the new version of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. These amendments come into force on 1 January 2010 in respect of Parts 6, 12, 25 and 74 and on 10 January 2010 in respect of PD12 and 74.
Changes to forms
N471 is introduced
Forms N123, N251, N258A and N434 are amended
Preview
You can preview the rule changes in this amendment by viewing the Civil Procedure (Amendment No 2 ) Rules 2009 Statutory Instrument (PDF - opens in new window) and the Civil Jurisdiction and Judgments Regulation 2009 (SI 2009 No 3131) (opens in new window). You can also view the Practice Direction and Pre-Action Protocol amendments by viewing the making document (PDF - opens in new window). List of Authorised Government Departments at Annex 2 of PD66 (PDF - opens in new window).
50th Update April 2009
The 50th Update to the Civil Procedure Rules introduced changes in a large number of areas. The changes came into force on 1 October 2009 with the exception of:
Amendments to Part 65 (and consequential amendment to PD2B) which came into force on 31 August 2009;
Electronic Working Pilot PD51C which came into force on 1 April 2009.
The following amendments were made:
PD2A – Court Offices
Amendments were made to the practice direction supporting Part 2A of the CPR, to rationalise court office opening times throughout the court system. A formula is created which establishes the days on which court offices will open before and after Christmas, including the designated privilege day.
PD7C Production Centre and PD7E Money Claim Online
A paragraph has re-inserted to disapply rules in respect of additional documentation in contract claims issued through the Court Production Centre.
PD32 Attorney General’s Address and PD Devolution Issues
Amendments were made to amend the address of the Attorney General’s office. A consequential amendment was made to the PD – Devolution Issues.
Part 35 and PD35 Experts and Protocol for the Instruction of Experts to give Evidence in Civil Claims
Amendments were made to: clarify the definition of an expert and provide guidance to reduce any inconsistency in the appointment of single joint experts; revise the expert’s statement of truth; and ensure that the questions posed to experts are proportionate and appropriate. Consequential amendments were made to the Annex, PD28 and PD29
Part 44 and PD supplementing Parts 43 to 48
Measures were introduced requiring parties to notify other parties of the existence of, and information about an After the Event insurance premium. Penalties can be applied where the existence of a premium is not disclosed. Provision was made for a specified period after notification of an ATE premium when a defendant, who admits liability and offers to settle, will not incur liability for payment of the claimant’s ATE insurance policy if the matter settles without court proceedings. Publication proceedings were defined. Consequential amendments were made to the PD on Pre Action Conduct. Transitional provisions are set out at paragraph 19.6 of the practice direction.
Part 49 and PD49A, B Companies Act 2006
Minor amendments were made consequential on the implementation of the remaining sections of the Companies Act 2006. Consequential amendments were made to Part 6, Part 74 and PD39
PD51B Automatic Orders Pilot Scheme
Amendments were made to extend a pilot that allows some orders to be made automatically without judicial intervention, to all county courts and the High Court. The pilot will run for one year.
PD 51C Electronic working pilot
A pilot scheme designed to allow the introduction of IT systems to the Admiralty, Commercial and London Mercantile Courts was introduced. The scheme commenced on 1 April 2009.
Costs: PD51D – Pilot cost budgeting scheme
A pilot scheme to be run in the RCJ and HC at Manchester in relation to defamation, libel and malicious falsehood cases only. Consequential amendments were made to PD29.
Part 55 and PD55 Possession Claims
Pre Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in respect of Residential Property
Rules were amended to ensure that all occupiers including tenants of any mortgaged property subject to possession proceedings are notified of the proceedings and hearing date. A new requirement has been introduced obliging lenders to notify local authorities when possession proceedings are commenced. The steps, set out in the Mortgage Pre-Action Protocol, that a lender should take before starting a possession claim for mortgage arrears were expanded. The Protocol has also been amended to include a checklist for lenders to complete and file to show compliance with the Protocol. PD4 was amended as a consequence.
PD57 Probate
Amendments were made to clarify the provisions in relation to removal of an executor before a grant of probate (section 50 of the Administration of Justice Act 1985).
Part 63 and PD63 Intellectual Property Claims
Amendments were made to update references to legislation and reflect substantive changes including product description and process description. Allocation of claims on specific issues such as plant varieties between the Patent Court and the patents county court are set out. Part 63 of the CPR was been renamed as “Intellectual Property Claims” to reflect the changes and consequential amendments to PD2B were made.
PD64A Estates, Trusts and Charities
The practice direction in respect of Estates, Trusts and Charities was reviewed and amended. Amendments provided for claims seeking approval of transactions by trustees affected by conflicts of interest to be determined without a hearing in specified circumstances. These circumstances would be where the merits of the case are plain for transactions which are believed to be beneficial to the beneficiaries and oral argument would not assist the court.
Part 65 and PD65 Anti-Social Behaviour and Harassment
This part was amended to provide rules to allow for applications for Drink Banning Orders (as set out in the Violent Crime Reduction Act 2006). Orders including clauses to prohibit the individual from entering premises selling alcohol, or from premises which supply alcohol to members or guests can be made. Consequential amendments were made to PD2B and the measures came into force on 31 August 2009.
Part 68 and PD68 References to the European Court
TThe rules were clarified as to the length and content of references sent to the European Court of Justice. Further amendments were made to assist in processing requests for urgent preliminary rulings by providing a streamlined procedure for courts.
Part 76 Proceedings under the Prevention of Terrorism Act 2005
The time within which an individual, who is subject to a non-derogation control order, can make representations was extended. Individuals will have more time to make representations about the directions already given by the court and any further directions made.
Amendments were made to allow an application for anonymity of individuals subject to control orders when permission for an order is sought by the Secretary of State.
Part 79 Financial Restrictions Proceedings Under the Counter-Terrorism Act 2008
Rules were introduced to allow the application, by the police, for notification orders under the Counter-Terrorism Act 2008.
Rules were made to provide that a special advocate may adduce evidence and cross-examine witnesses.
Pre-Action Protocol for Personal Injury Claims
The PAP was amended to reflect the changes to the Fast Track Limit changed in the 49th Update. The Rehabilitation Code set out at Annex D of the Protocol is updated.
Supreme Court.
Consequential amendments were made in relation to implementation of the Constitutional Reform Act 2005 relating to creation of the Supreme Court. Amendments were made to:
Parts 2, 5, 6, 12, 14, 25, 26, 34, 35, 40, 41, 38, 39, 43, 47, 50, 52, 54, 57, 60, 61, 62, 72, 74;
PD2A ,PD4, PD supplementing rule 3.4, PD5, PD6B, PD7 How to start proceedings PD8 , PD16, PD25, PD32, PD34, PD37, PD40 Judgements and orders , PD43-48, PD54A, PD57, PD61, PD67, PD69, PD74;
RSC Order 46, 52, 79 108, 109 and CCR Order 1, 29; and
PD Insolvency Directions, PD Civil Recovery Proceedings and Pre Action Protocol for Resolution of Clinical Disputes.
CPR Index
An html CPR index is available which incorporates 51st update changes. Should you have any comments about the web index we'd appreciate your feedback.
Problems with court forms?
Her Majesty's Courts Service (HMCS) is responsible for the provision of the CPR forms - if you have any comments or observations about the availability of court forms, please e-mail HMCS.
HMCS launched a new-look website which has resulted in changes to many of its links. If you bookmarked any forms prior to 30 January you will need to re-mark them.