Civil Procedure Rules
What's New?
[This page was last updated on 06th April 2009]
The appearance and layout of The Civil Procedure Rules web pages were improved as part of the rebuild of the new Ministry of Justice website.
Updates
49th Update April 2009
The 49th Update to the Civil Procedure Rules introduces changes in a large number of areas. The changes come into force on 6 April 2009 unless stated otherwise. You may want to note the following amendments:
Consequential amendments are made to Part 1, Part 3, Part 7, Part 14, Part 16, Part 30, and RSC O.115 and to PD55, PD64, the Practice Direction on Devolution Issues, the Pre Action Protocol for Judicial review and to the Glossary.
Part 7 How to start proceedings – the Claim Form and PD7 Production Centre
Amendments to allow for claims to be issued electronically through the Money Claim Online and Claim Production Centre where the particulars of claim are to be served separately.
PD7D Claims for the recovery of taxes
Amendments to extend the list of taxes and duties subject to the streamlined procedure set out in PD7D. These include student loan repayments deductible by or recoverable from the employer, VAT, Insurance Premium Tax, Stamp Duty Land Tax, Environmental Taxes, and various Duties of Custom and Excise.
Part 14 Admissions
An amendment is made to Rule 14.1A(2)(a) consequential on the new Practice Direction on Pre Action Conduct.
Part 26 Case Management
For claims issued on or after 6 April 2009 the financial limit of the fast track procedure is increased from £15,000 to £25,000. See also changes to Part 46.
Part 44 General Rules about Costs and PD supplementing Part 43-48
New rules are inserted to allow applications for and variation of costs capping orders on future costs and the Practice Direction supplementing Parts 43-48 is also amended.
Part 46 Fast Track Trial Costs
The table setting out the amount of fast track trial costs, which may be awarded by the court, is amended. An additional entry of £1,650 is inserted for those fast track cases where the value of the claim is more than £15,000. The original entry is modified to cover claims in the £10,000 - £15,000 band.
PD52 Appeals
As a consequence of the creation of a new tribunal systems, including the new Upper Tribunal, PD52 is amended. These changes come into force on 9 January 2009.
PD54D Judicial Review (Administrative Court (Venue))
A new Practice Direction supplementing Part 54 is inserted setting out the procedures for issue, administration and hearing of cases outside London and Cardiff.
Part 55 Possession Claims
This Part is amended to extend the period of notice about a possession claim that must be given by the claimant to the occupiers of the relevant property.
Part 70 General Rules about Enforcement of Judgments and Orders and PD 70
The Part and Practice Direction are amended to include provisions to enable the enforcement of negotiated settlements in employment tribunal cases as if payable under a court order.
Part 75 Traffic Enforcement and PD75
This amendment enables requests for a review of a court officer’s decision to be determined without an oral hearing unless the person making the request asks for a hearing or the court orders a hearing. Provision is also made to enable an authority to request reissue of warrants (within the 12 month validity period) where the respondent’s address has changed since the issue of the warrant.
Part 79 Financial Restrictions proceedings under the Counter-Terrorism Act 2008
This new Part came into force on 4 December 2008 and provides for financial restrictions proceedings, including the application to the High Court to set aside a financial restrictions decision.
CCR Order 26 Warrants of Execution, Delivery and Possession
This amendment requires a person requesting a warrant of possession to be issued to file a request certifying that the land, which is subject of the judgment or order, has not been vacated.
Practice Direction – Protocols
A new Practice Direction is created on the pre-action conduct of parties. This includes the requirement in business debt claims for the creditor to provide information about sources of advice to the debtor before issuing proceedings.
Preview
You can preview the rule changes in this amendment by viewing the Civil Procedure (Amendment No. 3) Rules 2008 Statutory Instrument (PDF - opens in new window); and the Civil Procedure (Amendment No.2) Rules 2008 Statutory Instrument 2008 N0.3085 (L.26) in relation to Financial Restrictions Proceedings under the Counter-Terrorism Act 2008 (PDF - 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).
CPR Index
An html CPR index is available which incorporates 49th 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.