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Update 46

Coming into force

The amendments included in this update come into force on 06 April 2008 with the following exceptions:

• Amendments to PD 49 relating to the Companies (Cross-Border Mergers) Regulations 2007; and
• PD 52, paragraph 2A.1

• Amendments to Part 75 and the Accompanying Practice Direction.

• Amendments to the Civil Recovery Proceedings Practice Direction; and
• PD 47, paragraph 49A.5(3).

Introduction

The 46th Update to the Civil Procedure Rules introduces changes in a large number of areas:

• Part 3 is amended to extend the sanction of striking out a claim to include the non-payment of a hearing fee or court fee (where the claim proceeds on the counterclaim alone) and replace reference to “exemption or remission” of court fees with “full or part remission” of court fees to reflect amendments to the Civil Proceedings Fees Order 2004 (S.I. 2004/3121).
• PD 3D is created to deal with court procedure for mesothelioma claims.
• PD 47 and the civil recovery proceedings practice direction is amended as a result of the abolition of the Assets Recovery Agency by the Serious Crime Act 2007.
• PD 49 is amended to provide a new High Court procedure to deal with the cross border merger of limited liability companies under the Companies (Cross-Border Mergers) Regulations 2007.
• PD52, table 1 has been amended to clarify the appeal routes for final decisions in Part 7 and Part 8 claims.
• Part 54 is amended to reflect an amendment to the Supreme Court Act 1981 that allows the High Court to substitute its own decision for that of inferior courts and tribunals in judicial review proceedings.
• Part 75 and the accompanying practice direction is amended as a consequence of regulations relating to parking enforcement made by the Department for Transport and the Welsh Assembly Government under section 82 of the Traffic Management Act 2004 (Traffic Enforcement provisions).
• A new part 77 introduces procedures to enable applications for, or relating to serious crime prevention orders introduced by the Serious Crime Act 2007. A new practice direction supports the new rules dealing with these applications.

CPR Index

An html CPR index is available which incorporates 46th 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.

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