Civil Procedure Rules
What's New?
[This page was last updated on 22nd March 2010]
Updates
52nd Update March 2010
The 52nd Update to the Civil Procedure Rules introduces changes in a large number of areas. The changes come into force as follows:
Amendments in relation to the Low Value Road Traffic Accident Personal Injury Scheme which come into force on 30th April 2010.
Amendments in relation to the registered charge which come into force on 1st April 2010.
Amendments in relation to a change in terminology which come into force on 1st April 2010.
Part 8 Alternative Procedures for Claims;
PD8B Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents – Stage 3 Procedure; and
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Amendments are made to allow for the early notification of low value road traffic accident claims electronically in accordance with the Pre Action Protocol. Where the claim continues through stages 1 and 2, but cannot be agreed the claims will proceed to court by way of a modified Part 8 process set out in PD8B.
Amendments are made to Part 45 Fixed Costs and Part 36 Offers to Settle, and Part 44 General Rules about Costs to accommodate the scheme. Other consequential amendments are made to Parts 14, 21, 27, 48, and Practice Directions 2B, 4, 8, 14, Costs PD, PD52 and the Pre-Action Protocol for Personal Injury Claims.
The new process applies to claims for accidents occurring on or after 30th April 2010.
Part 55 Possession Claims
Amendments are made to require the claimant to notify a registered proprietor of a registered charge where a residential mortgage possession claim is started under Part 55 of the CPR.
Part 55 Possession Claims, PD65 Anti-Social Behaviour and Harassment and PAP Possession Claims based on Rent Arrears
Amendments are made to reflect the new term “private registered provider of social housing” as a consequence of the implementation of the Housing and Regeneration Act 2008.
Changes to forms
N210B is introduced
Forms N150, N5B, N5C, N7D, N11B, N119, N119A, N122 have been amended
Preview
You can preview the rule changes in this amendment by viewing the Civil Procedure (Amendment) Rules 2010 Statutory Instrument (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).
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 EEA 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 Immigration Tribunal and its functions will be transferred to the First-tier Tribunal and will be heard by the Upper Tribunal and the Court of Appeal rather than the High Court. There are consequential amendments to PD52 and Part 54. PD54B is deleted. These amendments came 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 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).
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.