Civil Procedure Rules
95th Update to the Civil Procedure Rules
Amendments to the rules are contained in the 95th Update to the Civil Procedure Rules. The changes come into force on 6 April 2018. There are no amendments to practice directions.
Part 45 Fixed costs
The amendments clarify the operation of the rules in relation to costs protection in Aarhus Convention claims namely clarifying (i) the financial information that a claimant has to provide in order to have the benefit of the costs cap (mirroring the procedure for applications for costs capping orders in judicial review claims which are not Aarhus Convention claims); (ii) that the court may vary a costs cap only on an application made by the claimant or the defendant; and (iii) that an application to vary the costs cap must be made at the outset, either in the claim form (if made by a claimant) or in the acknowledgment of service (if made by a defendant), and must be determined by the court at the earliest opportunity; and that an application may only be made at a later stage in the process if there has been a significant change in circumstances.
The following forms are amended:
N461Judicial Review Claim Form and N461(PC) Judicial Review Claim Form Planning Court (revised forms coming into force 6 April 2018)
N462 Judicial Review Acknowledgment of Service and N462(PC) Judicial Review Acknowledgment of Service (Planning Court) (revised forms coming into force 6 April 2018)
N463 Judicial Review Applicant for urgent consideration (revised form may be used after 26 March 2018)
94th Update to the Civil Procedure Rules
Amendments to practice directions are contained in the 94th Update to the Civil Procedure Rules. The changes came into force on 7 February 2018 except for amendments to Practice Direction 75 – Traffic Enforcement which came into force on 1 April 2018.
94th PD making (PDF)
Practice Direction 8A – Alternative Procedure for Claim
The amendments make provision for transfer from a Magistrates’ Court to High Court of certain processes relating to forfeiture of “listed assets” (representing the proceeds of crime for use in crime) and terrorist assets introduced by the Criminal Finances Act 2017. The amendments dis-apply certain rules in CPR Part 8 (and Part 7) and modify the operation of Practice Direction 8A on transferred proceedings so the proceedings can “plug in” as promptly as possible to the provisions of that PD so as to continue as Part 8 proceedings.
Practice Direction 59 Circuit Commercial Court and Practice Direction 60 – Technology and Construction Court
These amendments to two PDs applicable in the Business and Property Courts are made to align them with the Business and Property Courts Practice Direction and the related Advisory Note published by The Chancellor in October 2017 (https://www.judiciary.gov.uk/wp-content/uploads/2017/09/bpc-advisory-note-13-oct2017.pdf) . Court users must head up claims in the manner described in the practice direction to ensure that claims are considered in the appropriate court or specialist list.
Practice Direction 66 – Crown proceedings
This amendment substitutes a revised note issued by the Attorney General in respect of disputes as to venues in civil proceedings by or against the Crown. The amendments reflect changes in the organisation of the Government Legal Service and the formation of the Government Legal Department and the locations of HMRC litigators.
Practice Direction 75 – Traffic enforcement
These amendments provide for the enforcement through the Traffic Enforcement Centre at Northampton of Penalty Charge Notices issued against the registered keeper of a vehicle form which a littering offence is committed outside London. The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 SI 2018 No. 171, underpin the amendments. These powers already exist for notices issued in the London area.
Practice Direction - Business and Property Courts
These amendments address minor drafting points, including ambiguities and minor drafting errors, in the current PD, following the introduction of the Business and Property Courts in October 2017. In particular, amendment is made to include Newcastle as a venue for the Business and Property Courts.
Civil Recovery Practice Direction
These amendments are made to the PD – Civil Recovery Proceedings (which was originally made in 2005 to provide for the procedure for civil recovery proceedings and investigations, and freezing and confiscation of property in response to requests from other countries, under Parts 5 and 8 of the Proceeds of Crime Act 2002 (POCA) and the POCA (External Requests and Orders) Order 2005). The amendments insert provision to ensure that there is procedure for additional forms of civil recovery proceedings resulting from amendments to POCA by the Policing and Crime Act 2009, the Crime and Courts Act 2014 and the Criminal Finances Act 2017, and make consequential amendments needed as a result of the POCA (External Investigations) Order 2013 and the POCA (External Requests and Orders) (Amendment) Order 2013.
92nd and 93rd Updates to the Civil Procedure Rules
The amendments to practice directions supporting the 92nd Update to the Civil Procedure Rules and the 93rd Update containing amendments to practice directions are now in force. The amendments will be incorporated into the consolidated web version of the rules in due course. The Practice Direction Making Documents are available below:
Please note that N5B has been replaced with N5B England and N5B Wales The new forms are available to download from the HMCTS website.
Pre-Action Protocol for Judicial Review
The postal address to which letters before claim where the claim concerns a decision in an Immigration, Asylum or Nationality case (Annex A, Section 2) should be sent to is:
Litigation Allocation Unit
6, New Square
This is effective from 27 November 2017
A new pre-Action Protocol for Debt Claims is introduced and comes into effect on 1 October 2017.
The new protocol can be seen in the Pre-Action Protocol for Debt Claims.
92nd Update to the Civil Procedure Rules
The amendments contained in the statutory instrument come into force on 1 October 2017. The Practice Direction Making Document supporting the rule changes will be published shortly.
Part 3 Case Management
Rule 3.1 is amended to make explicit that the court may, in its general case management powers, direct that a hearing may proceed before a Divisional Court of the High Court (which is made up of at least two judges). Section 66 (1) of the Senior Courts Act 1981 provides for hearings in the High Court to be before a Divisional Court where this is required by legislation or by rules of court. The amendment makes it explicit to judges and practitioners what has been regarded as implicit in the general powers of the court under the rule. Namely that the court has power to require proceedings to be heard by a Divisional Court in appropriate circumstances where this will further the overriding objective of enable the court to deal with cases justly and at proportionate cost.
Part 47 Detailed assessment of Costs
Rule 47.6 is amended to provide for the filing of electronic and/or paper versions of the bill of costs, if appropriate, and to direct users to the relevant practice direction supplementing Part 47 (Practice Direction 47). The majority of amendments relating to the New Bill of Costs are made to Practice Direction 47and will be published as part of the Practice Direction Making Document supporting the rule changes.
Part 52 Appeals
Rule 52.4 is amended to make clear that a judge hearing an application for permission to appeal may, in what is known as a “rolled-up” hearing, hear the application for permission to appeal and the appeal at the same time, if possible and appropriate.
Part 58 Mercantile Courts
Further to the introduction of Business and Property Courts (BPC) encompassing the specialist courts and lists of the High Court including the Commercial Court, the Admiralty Court, Mercantile Court, the Technology and Construction Court and the courts of the Chancery Division (including those dealing with financial services, intellectual property, competition, and insolvency) amendments are made to rename the Mercantile Court as the Circuit Commercial Court, and the judges of those courts as Circuit Commercial Court judges. Amendments are accordingly made to Part 59 (Mercantile Courts) to implement the name change and to amend references to the Mercantile Court and judges where they appear throughout the CPR, including Parts 30, 52, 61, and 62. The BPC Practice Direction will be publishing as part of the Practice Direction Making Document supporting the rule changes.
Part 78 European Procedures
Amendments are made to reflect the changes made by EU Regulation 2015/2421 to the EU Regulations establishing the European Small Claims Procedure (ESCP) Regulation (Regulation 861/2007) and European Order for Payment Procedure (EOP) (Regulation 1896/2006). The revised Regulation increases the upper limit for ESCP claim from €2,000 to €5,000 and provides that if an application for a EOP is opposed the application will be transferred into the ESCP. The rule amendments reflect these changes.
Part 83 Writs and Warrants – General Provisions
Part 83 is amended to provides that where a disqualified person(s) fails to comply with a notice of eviction and end of tenancy given by the landlord under the Immigration Action 2014 (as amended); any request for a writ of possession will be subject to judicial scrutiny.
91st Update to the Civil Procedure Rules
The 91st Update amendment, introduction of Practice Direction 51S comes into force on 12 September 2017.
PD51S The County Court Online Pilot
PD51S sets out the provisions for a pilot allowing for the electronic submission of claims for specified and unspecified money only claims made in the County Court where the claimant is legally represented. On completion of the claim form online, CMCC will issue and digitally seal the claim which will be returned electronically to the legal representative for downloading and service on the defendant.
90th Update to the Civil Procedure Rules
The 90th Update amendments, come into force on 9 August 2017, with the exception of the pilot under PD51R which comes into force on 7 August 2017 and amendments to PD8A, which come into force on the date on which the Drug Dealing Telecommunication Restriction Orders Regulations 2017 come into force.
PD2C Starting Proceedings in the County Court
Amendments to practice direction PD2C reflect the programme of court closures and references to individual County Court Hearing Centres that have now closed are removed. These include: Kettering, Bolton, Bury, Kendal, Oldham, Llangefni and Woolwich. In addition, an amendment to PD84 Enforcement by Taking Control of Goods substitutes Manchester for Oldham as the hearing centre that will deal with applications for certification of enforcement agents. Consequential amendments are made to practice directions 26, 45, 47 and 52B.
PD8A Alternative Procedure for Claims
Amendments to PD8A provide for the procedure to be followed under the Drug Dealing Telecommunications Restriction Regulations 2017. Section 80A of the Serious Crime Act 2015 as amended by the Digital Economy Act 2017, provides the Secretary of State (Home Office) with the power to make Regulations which enable courts in the UK to issue Drug Dealing Telecommunication Restriction Orders (DDTROs). These amendments come into force on the date on which the Drug Dealing Telecommunication Restrictions Orders Regulations 2017 come into force.
PD51R Online Court Pilot
A pilot for a new digital procedure for County Court money only claims valued under £10K, issued by unrepresented parties is introduced. The pilot sets out rules for the online issue of a claim and response to claim. The pilot commences on 7 August 2017.
PD75 Traffic Enforcement
Amendments are made to the PD75 in respect of civil enforcement of parking, bus lane and moving traffic contraventions in Wales.
89th Update to the Civil Procedure Rules
The 89th Update to the Civil Procedure Rules comes into force on 9 August 2017.
PD2E Jurisdiction of the County Court that may be exercised by a Legal Adviser and PD51Q The County Court Legal Advisers Pilot Scheme
The update removes PD2E and reinstates the County Court Legal Advisers Pilot Scheme as PD51Q until further notice. The amendments are made to correct an inadvertent failure to include in Part 2 of the CPR a specific rule of court referring to PD2E, so making provision for court staff to exercise the jurisdiction of the court. Consequential amendments are made to Practice directions 17, 26 and 74A.
88th Update to the Civil Procedure Rules
The 88th Update to the Civil Procedure Rules makes a number of amendments to rules and practice directions. The amendments come into force on several different dates and your attention is drawn to the transitional provisions set out in Rule 13 of the Statutory Instrument.
PD2C Starting proceedings in the County Court
The amendments to PD2C are made consequential on the closure of Bow, Brecon, Halifax, Hartlepool, King’s Lynn, Lowestoft, Reigate, Rhyl, Rotherham, Scunthorpe, St Albans, Tunbridge Wells, and Warrington hearing centres, and the establishment of a hearing centre in Prestatyn. The amendments come into force on 31 March 2017. Consequential amendments are made to PD26, PD45, PD47 and PD52B.
New PD2E Jurisdiction of the County Court that may be exercised by a legal adviser
This new Practice Direction formalises the jurisdiction that may be exercised by a legal adviser under Practice Direction 51K (The County Court Legal Adviser Pilot Scheme), as well as extending that jurisdiction to include five new work types. The powers enable legal advisers in the County Court Business Centre and the County Court Money Claims Centre to deal with some items of “box work”, usually allocated to a District Judge (see the Schedule to the PD). The PD comes into effect on 1 April 2017. Consequential amendments are made to PD23A, PD26, PD47 and PD74A. PD51K is omitted.
Part 3 The Courts Case Management Powers
Amendments are made following the Court of Appeal Judgment SARPD Oil International Limited v Addax Energy SA and another SARPD Oil International Limited v Addax Energy SA and another  EWCA Civ 120 (SARPD) in respect of the cost budgeting rules. The amendments come into force on 6 April 2017.
Part 3 The Court’s Case Management Powers and PD3B Sanctions for non-payment of fees
The rules are amended to reflect a policy change in the collection and refund of hearing fees. Hearing fees will no longer be automatically refunded where parties settle the claim before trial. The date at which the hearing fee becomes payable is moved closer to the trial date. The amendments come into force on 6 March 2017. The Civil Proceedings Fees (Amendment) Order 2016 http://www.legislation.gov.uk/uksi/2016/1191/article/2/made provides details of the fees scheme. Consequential amendments are made to Part 25 and Part 44 and PD4 and PD47.
Part 45 Fixed costs
The amendment to Part 45 is made as part of a package of amendments with a view to ensuring that costs in Aarhus Convention claims are not “prohibitively expensive”. The amendments come into force on 28 February 2017. Consequential amendments are made to Part 25, PD25A and PD45.
Part 45 Fixed costs
Amendments are made to reflect the Court of Appeal judgment in Qader & Ors v Esure Services Ltd and Khan and Anr v McGee http://www.bailii.org/ew/cases/EWCA/Civ/2016/1109.html. The amendments come into force on 6 April 2017.
PD51K The County Court Legal Advisers Scheme
The Practice Direction is omitted with effect from 1 April 2017, see new PD2E Jurisdiction of the County Court that may be exercised by a legal adviser.
PD51O Electronic working scheme
The amendments are made to clarify when documents may be submitted by email as well as through the Electronic working system. The amendments come into force on 1 April 2017.
PD54A Judicial Review
The amendment to PD54A is made with a view to reducing the burden of producing bundles on parties to judicial review proceedings. The amendments come into force on 28 February 2017.
Part 61 and PD 61 Admiralty Claims
Amendments are made to reflect the increasing use of technology in ships, where a recording device akin to the “black box” recording equipment used in aeroplanes is employed. The changes focus on providing a simpler and quicker trial process by promoting early exchange of electronic data made available by new technology. The amendments come into force on 28 February 2017.
Part 63 Intellectual Property Claims
Amendments provide an appeal route in respect of registered design cases following abolition of the RTA Appeal Tribunal. The amendments come into force on 6 April 2017.
Part 68 and PD68 References to European Court
Amendments are made to make clear the precise nature of the wording of references and format in which they must be submitted. The Practice Direction is substituted. The amendments come into force on 6 April 2017.
Amendments to forms related to this update are as follows:
87th Update to the Civil Procedure Rules
The 87th Update introduces new Practice Direction 31C to assist with implementation of Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of competition law provisions of the Member States and of the European Union, in particular articles 5 and 6 of that Directive.
The Directive 2014/104/ was published in the EU journal in December 2014. Member States are required to implement the Directive by 27 December 2016.
There are no form changes associated with this update.
86th Update to the Civil Procedure Rules
The 86th Update to the Civil Procedure Rules makes a number of amendments, the principal changes being to Part 52 Appeals and the supporting practice directions. The majority of changes come into force on 3rd October 2016. Please note the transitional provisions in Article 16 of the statutory instrument and page 2 of the practice direction making document.
Part 2 - Application and interpretation of the rules
CPR 2.4 lists the judges who are “the court” and so can perform any functions expressed as functions of “the court”. Registrars in Bankruptcy are not included in that list, although the Registrars hear and determine company matters which fall within the remit of the CPR. An amendment is made by adding Registrars in Bankruptcy to the list of judges who comprise “the court”.
PD2C - Starting proceedings in the County Court
Closure of County Court Hearing Centres
The practice direction is amended to reflect a number of hearing centres that will have closed on 31 July 2016, and the one hearing centre that will open on the same date. Amendments are made throughout the practice directions where the relevant hearing centres are named.
Claims for restoration of companies
The practice direction currently provides that the County Court at Central London is able to issue claims for restoration of companies whose registered address is within their local jurisdiction, the practice direction is amended so that it may also issue claims for restoration for a company whose registered address is anywhere in England and Wales.
PD3E - Costs management
A revised Precedent H, the form for filing costs budgets, is substituted.
Practice Direction 8A – Alternative procedure for claims
Amendments are made to implement the Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2016 under Section 80 of the Serious Crime Act 2016 to provide that the court may on application order non-disclosure of the information submitted with a TRO application; and this information will not be provided to any of the parties until the application for a non-disclosure order has been considered by the court.
Part 26 - Case management – preliminary stage
The pilot scheme introduced to provide that cases provisionally allocated to the multi-track are sent to the County Court at Central London (CCCL) rather than one of the London hearing centres has ended. The pilot scheme is put on a formal footing by amendment to Part 26. PD51I is omitted.
Practice direction 51I – the County Court at Central London Multi-Track Pilot Scheme
PD51I is omitted (see Part 26 above).
The New Bill of Costs Pilot Scheme is extended by a year and is modified to alleviate concerns raised about the existing form’s reliance on J Codes. Parties will be able to file their bill in electronic format which will assist the court in assessing the bill as any adjustment made by the court, to say the rate or hours claimed, will automatically be carried through to all relevant parts of the bill.
Practice direction 51N – Shorter and Flexible Trials Pilot Schemes
The scheme is extended by a further year and is modified to clarify the procedure. Adjustments are made to the scheme as follows: to clarify that the scheme applies to cases commenced in or transferred into the schemes while the practice direction is in force; to permit Chancery Masters to transfer cases in the Chancery Division into the scheme and to provide that the Statements of Case do not need to be re-pleaded after transfer to bring them within the scheme’s rules; and to allow cases transferred into the scheme to be tried by a Chancery Master if appropriate, or with the consent of the parties.
Practice direction 51O – The Electronic Working Pilot Scheme
The current pilot scheme is extended by a year and amendments are made to the scheme in the light of feedback received during the first year of its operation. Consequential amendments are made to PD5B.
Part 52 – Appeals
Practice Direction 52A – Appeals
Practice Direction 52B - Appeals in the County Court and High Court
Practice Direction 52C - Appeals to the Court of Appeal
Practice Direction 52D – Statutory Appeals and appeals subject to special provision
Part 40 - Judgments, Orders, Sale of land etc.
Part 63 – Intellectual Property Claims
The principal amendments to Part 52 and supporting practice directions concern: the procedure for appeals to the Court of Appeal; the exercise, by court officers, of functions of the Court of Appeal; and consequential changes reflecting the changes in routes of appeal brought about by The Access to Justice Act 1999 (Destination of Appeals) Order 2016.
Applications for permission to appeal to the Court of Appeal
The main change concerns the way in which an application for permission to appeal to the Court of Appeal is determined. Instead of the application being initially determined on the papers without a hearing, with an automatic right to an oral hearing in the event of refusal, the application will be determined on the papers unless the court considers that it should be determined at an oral hearing. The court is given a discretion to “call in” the application for oral hearing in this way, and is placed under a duty to do so if it is of the opinion that it cannot fairly determine the application on the papers. The court may also direct that the party seeking permission provide further information in support of the application, and that the respondent to the appeal attend the hearing. Unless the court directs otherwise in an exceptional case, the oral hearing, where one is directed, will be listed within 14 days of the direction for an oral hearing, before the judge who “called in” the application.
The existing position is that with the consent of the Master of the Rolls qualified officers (a solicitor or barrister) may exercise jurisdiction of the Court of Appeal in relation to certain ancillary matters such as applications for an extension of time. An application may be determined on paper by the officer of the court and parties may apply for an oral hearing. There is no change in relation to the court officers themselves, and only a minor change (clarifying that a court officer may not decide an application for a stay of proceedings in the lower court) in relation to the matters which they may deal with. The changes made are in relation to the procedure for making and reviewing decisions, and align the approach to that for applications for permission to appeal to the Court of Appeal. Thus a review of a decision of a court officer by a single judge (and similarly a reconsideration by a judge of a decision made by a single judge) will be undertaken on the papers unless the judge determines there should be an oral hearing (which the judge must do if of the opinion that the matter cannot be fairly determined without an oral hearing).
Amendments consequential to changes to the routes of appeal
The Access to Justice Act 1999 (Destination of Appeals) Order 2016 (http://www.legislation.gov.uk/ukdsi/2016/9780111146620/contents) simplifies the appeals process to ensure that, as far as possible, an appeal should lie to the next level of judge. Part 40 – Judgments, Orders, Sale of Land etc. is amended to provide that where the High Court is the appeal court, any judgment or order of the lower court must indicate the appropriate division of the High Court to which any appeal must be made. Part 63 – Intellectual Property Claims is also amended to reflect provision in the Order that in cases allocated to the small claims track of the Intellectual Property Enterprise Court, an appeal will lie from a decision of a District Judge to an enterprise judge.
Amendments are made to PD52A consequential on the changes to routes of appeal made by the Access to Justice Act 1999 (Destination of Appeals) Order 2016.
More significant amendments are made to PD52C (Appeals to the Court of Appeal) to streamline the timetable for stages in appeals to the Court of Appeal, change the requirements relating to skeleton arguments, and control the size of appeal bundles.
Consequential amendments are made to PD3C, Parts 45, 47, 76, 80 and 88.
Part 54 - Judicial Review and Statutory Review
The Public Contracts Regulation 2015 which came into force in February 2015 (http://www.legislation.gov.uk/uksi/2015/102/schedule/6/made) amended CPR 54.5(6). The amendment to the rule made by virtue of the Regulation incorrectly identifies the relevant provision as “regulation 92” instead of “regulation 92(2)” and this inaccuracy is amended.
85th Update coming into force August 2016
The 85th Update to the Civil Procedure Rules introduces changes in relation to cost capping orders in judicial review cases.
The amendments come into force on 8 August 2016 and do not apply to an application for judicial review where the claim form was filed before 8 August 2016.
Part 3 – The Court’s Case Management Powers
Part 46 and PD46 – Costs – Special Cases
Amendments to rules and practice direction are made to create costs capping orders in non-environmental judicial reviews, replacing protective costs orders.
The amendments implement sections 88-90 of the Criminal Justice and Courts Act 2015. Where the court makes a costs capping order limiting or removing the applicant’s liability to pay costs, the order will include a ‘cross-cap’ limiting or extinguishing the other party’s liability to pay the applicant’s costs should they lose.
The rules provide that an applicant for a cost capping order should set out why an order should be made, having regard to the Criminal Justice and Courts Act 2015.
A summary should be provided of their resources, including major assets and likely future contributions from third parties; a summary of the costs the parties are likely to incur through the proceedings; and, if they are a body corporate, whether they can demonstrate they can meet likely liabilities arising from the claim.
The court will consider the financial resources of the parties when determining whether to make a costs capping order and, if one is appropriate, what the terms of that order should be.
There are no form changes associated with this update.
The 84th Update to the Civil Procedure Rules introduces changes only to practice directions in a number of areas. The amendments have a number of different commencement dates.
Practice Direction 2a – Court Offices, coming into force 3 October 2016
Paragraph 2.2 is omitted, further to the establishment of a QB Masters Interim Applications List for a number of hours each day during court sitting hours for short urgent applications.
Practice Direction 8A – Alternative Procedure for Claims, coming into force 17 June 2016
The amendments relate to implementation of the European Union Referendum Act 2015 and the European Union Referendum Conduct Regulations 2016.
The amendments provide for the detailed assessment of a returning officer's account for charges in respect of the European Referendum which mirror existing clauses in respect of parliamentary elections; orders for production of documents under, and applications in respect of, the retention and inspection of documents will be exercised by the Divisional Court, save that where jurisdiction is exercisable by a single judge, it will be exercised by a single judge.
Practice Direction 32 – Evidence, coming into force on 17 June 2016
The address in respect of enquiries to the Foreign and Commonwealth office is amended.
Practice Direction 51K – The County Court Legal Advisers Pilot Scheme, coming into force on 29 September 2016
The pilot scheme, which operates in the business centres and enables legal advisers to undertake specified tasks which would usually be undertaken by a deputy District Judge, is extended for a further period.
The range of tasks the legal advisers may undertake is extended to: granting extensions of time in which to serve particulars of claim in limited circumstances; determining applications to add or substitute a party to the proceedings pursuant to rule 19.4 in limited circumstances; and to consider applications to substitute a litigation friend.
Practice Direction 51L – New Bill of Costs Pilot Scheme, coming into force 29 September
The pilot testing the New Bill of Costs is extended for a further period of 12 months. Modifications are made to the Bill of Costs following the initial pilot.
There are no form changes associated with this update.
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents from 31 July 2013
An amendment to paragraph 1.1(A1)(a) and (b) extends, by two months to 1 June 2016, the date by which a medical expert, preparing an initial report in a soft tissue injury claim, must be accredited by MedCo Registration Solutions (“MedCo”).
83rd Update coming into force April 2016
Part 3 - The Court’s Case Management Powers
Practice Direction - 3E Costs Management
The costs management rules are amended to provide that only the first page of Precedent H is to be exchanged and filed in cases where the value of the claims is under £50,000 or the costs are less than £25,000. Claims made on behalf of a child are also excluded from the regime, and in cases where the Claimant has a limited or severely impaired life expectation the court will ordinarily disapply cost management. Amendments are also made to the point at which a costs budget must be filed. For lower value claims the budget must be filed with the Directions Questionnaire, for other claims it must be filed 21 days before the case management conference. Agreed budget discussion reports must be filed seven days before the first hearing. Amendments are also made to provide that costs claimed in each phase of the proceedings, are made available to the court when assessing costs at the end of a case. Consequential amendments are made to Practice Direction 3E.
Practice Direction 4 - Forms
The practice direction is revised with forms grouped together by subject-matter and supporting alphabetical index. The subject-matter groups will be reflected on the HMCTS FormFinder. A large number of forms have been revised and are listed at the end of this document.
They are also available for preview in the following zip files.
Part 47 and Practice Direction 47 - Procedure for Assessment of Costs and Default Provisions
The rules are amended to provide that details of costs budgets are provided when detailed assessment of costs is required (Model Precedent Q).
PD51L - New Bill of Costs
The pilot scheme for a new bill of costs is extended whilst the impact of its mandatory introduction is assessed.
Practice Direction 51P - Pilot for Insolvency Trials
Pilot for Insolvency Express Trials. A pilot to provide litigants in the Bankruptcy and Companies Court of the High Court with a quick, more streamlined procedure, and an early date for trial of disposal of simple applications. The pilot will run for two years from 1 April 2016.
Practice Direction 52C - Appeals to the Court of Appeal
Amendments facilitate the provision of skeleton arguments (anonymised in family proceedings) to accredited law reporters and the media in cases being heard in the Court of Appeal at the time of the appeal.
Practice Direction 52D - Statutory Appeals and Appeals subject to special provision
Amendments implement the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 and provide that any accounts submitted by a petition officer may be the subject of detailed assessment in the County Court. Similar separate provisions are made in respect of accounts of the petition officers of Welsh MPs. Consequential amendments are made to PD8A.
Part 73 - Charging Orders
Rules are amended to provide for the centralised handling of the majority of applications for charging in orders in the County Court. Applications will be processed at the County Court Money Claims Centre and will be paper based for the most part. A court officer at CCMCC may make the interim order providing certain conditions are met in respect of a charge over land. Parties may also apply for a review of an interim charging order made by a court officer. Applications where the court officer may not make an interim order will be referred to a judge for a decision on the making of an interim order and/or transfer of the matter to a local hearing centre. Once an interim order is made at the CCMCC and served, the parties will have a period of 28 days between service on them of the interim order and referral to a judge to object to the making of the final charging order. If an objection is received the matter will be sent to a local County Court hearing centre. The service provisions are also amended. Consequential amendments are also made to PD7C, PD7E, PD70 and PD73.
Practice Direction 74A - Enforcement of Judgments in Different Jurisdictions
Amendments to the Civil Procedure Rules contained in the Hague Convention on Choice of Court Agreements and Civil Jurisdiction and Judge (Hague Convention on Choice of Court Agreements 2005) Regulations 2015, were made in October 2015. Amendments are now made to the practice direction to support those rule changes. Consequential amendments are made to PD12.
Part 89 - Attachment of Earnings
CCR Order 27 is omitted. A new part sets out the procedure for applications to attach earnings. The amendments also provide for the handling of applications for Attachment of Earnings Orders at the County Court Money Claims Centre. Responses to the application will be dealt with at the CCMCC, but where the judgment debtor does not respond the process will be sent to a local County Court hearing centre. Consequential amendments are made to PD7C, PD7E, and PD70.
The following forms are amended:
Form 110 (replaces No.110) Certificate for the enforcement in a foreign country under [section 10 of the Administration of Justice Act 1920] [section 10 the Foreign Judgments (Reciprocal Enforcement Act 1933]
[section 12 of the Civil Jurisdiction and Judgments Act 1982] (CPR 74.12 and PD74A paragraph 7)
Form 111 (replaces No. 111) Certificate for the enforcement in Scotland or Northern Ireland of a money judgment of the High Court or the County Court (section 18 of and Schedule 6 to the Civil Jurisdiction and Judgments Act 1982) (CPR 74.17 and PD 74A paragraph 8.2)
Form 112 (replaces No.112) Certificate annexed to sealed copy of judgment of the High Court or of the County Court for enforcement of non-money provisions in Scotland or Northern Ireland (section 18 of and Schedule 7 to the Civil Jurisdiction and Judgments Act 1982) (CPR 74.18 and Practice Direction 74A paragraph 8.3)
No.32 Order for examination within jurisdiction of witness before trial or hearing (rule 34.8)
No.33 Application for an order for the issue of a letter of request to judicial authorities out of the jurisdiction (rule 34.13 and PD34A paragraph 5)
No.34 Order for the issue of a letter of request to judicial authorities out of the jurisdiction (rule 34.13)
No.35 Draft Letter of request for examination of witness out of jurisdiction
(to be filed by a party under rule 34.13(6))
No.37 Order for appointment of special examiner to take evidence of witness out of jurisdiction (rule 34.13(4) and PD34A paragraph 5.8)
No.41 Default judgment upon request in claim relating to detention of goods (rule 12.4(1)(c))
No.44 Part 24 Judgment for Claimant
No.44A Part 24 Judgment for Defendant
No. 44B Order under refusing judgment under Part 24 and giving directions as to the future conduct of the case
No.44C Order under Part 24 imposing condition of payment into court (rule 3.1(3) and PD24 paragraphs 5.1 and 5.2) (replaces PF13)
No.44D Order under Part 24 for detailed assessment of solicitor’s bill of costs and for judgment on the amount found due thereunder (replaces PF15)
No.45 Judgment after trial before Judge without Jury (CPR Practice Direction 40B paragraph 14.1(1))
No.46 Judgment after trial before Judge with Jury (CPR Practice Direction 40B paragraph 14.1(2))
No.47 Judgment after trial before a Master or District Judge (PD40B paragraph 14)
No.48 Order after separate trial of issue under rule 3.1(2)(i)
No.49 Judgment against personal representative (PD40B paragraph 14.3)
No.52 Notice of Claim to non-parties (CPR 19.8A(4)(a)(i))
No.52A Notice of Judgment or Order to non-parties (CPR 19.8A(4)(a)(i))
No.67 Writ of sequestration (rule 81.20(1) and rule 81.27)
N40A (County Court) Warrant of arrest for disobedience to order to attend court for questioning
N40A (High Court) Warrant of arrest for disobedience to order to attend court for questioning
N86 Interim Charging Order
N87 Final Charging Order
N149C Notice of proposed allocation to the Multi-Track
N216 Notice by court to claimant of outcome of postal service of claim form by the court (CPR 6.18)
N217 Order for service of claim form by an alternative method or at an alternative place (CPR 6.15)
N218 Notice of service of the claim form on partnership (where partners are being sued in the name of their firm) (CPR 6.5(3)(c))
N224 Request for service of the claim form out of the jurisdiction under CPR 6.43
N224A Request for service of the claim form on a State under CPR 6.44
N293A Combined Certificate of Judgment and request for writ of control/possession (against trespassers only)
N379 Application for a charging order on land
N380 Application for a charging order on securities
PF1 Application for time (rule 3.1(2)(a)) (other than an application to extend time for service of a claim form)
PF2 Order for time (rule 3.1(2)(a))
PF3 Application for an extension of time for serving a claim form (rule 7.6)
PF4 Order for extension of time for serving a claim form (rule 7.6)
PF6A Application for permission to serve claim form out of jurisdiction
(rules 6.36 and 6.37)
PF6B Order for permission to serve claim form out of jurisdiction (rule 6.37(5))
PF7A Request for service of document abroad through foreign government, foreign judicial authority or British consular authority (rule 6.43)
PF8 Standard “Unless” Order or other Order upon failure to file directions questionnaire (rule 26.3, PD 26 paragraphs 2.5 and Form N181)
PF10 Anonymity and Prohibition of Publication Order
PF11 Application for Part 24 Judgment on the whole of a claim or on a particular issue (rule 24.2)
PF16 NOTICE of court’s proposal to make an order of its own initiative (rules 3.3(2) and 3.3(3))
PF17 Order made on court’s own initiative without notice (rule 3.3(4) and (5))
PF19 Group Litigation Order (rule 19.11)
PF20A Application for permission to issue an additional claim under rules 20.4(2)(b), 20.5(1) or 20.7(3)(b)
PF20B Application for directions in an additional claim
PF21 Order for permission to make an additional claim under rules 20.4(2)(b), 20.5(1) or 20.7(3)(b) and directions following such permission
PF22 Notice claiming contribution or indemnity against another defendant (rule 20.6)
PF43 Application for security for costs under rule 25.12 and 25.13
PF44 Order for security for costs (rules 25.12 and 25.13)
PF48 Court Record Form
PF52 Order in the Queen’s Bench Division for case management and costs management directions in the Multi-Track (Part 29)
PF52A Shortened PF52 in the Queen’s Bench Division for multi-track case and costs management directions in Mesothelioma and Asbestosis claims
PF53 Order for separate trial of an issue (rule 3.1(2)(i))
PF56 Request for further information or clarification (Part 18 and PD 18)
PF57 Application for further information or clarification (Part 18 and Practice Direction 18, paragraph 5)
PF58 Order for further information or clarification (Part 18 and Practice Direction 18)
PF63 Interim Order for Receiver in Pending Claim
(CPR Part 69)
PF67 Evidence in support of application to make Order of the Supreme Court of the United Kingdom an Order of the High Court of Justice (PD40B 13.2)
PF68 Order making an Order of the Supreme Court of the United Kingdom an Order of the High Court of Justice (PD40B paragraph 13.3)
PF72 List of Exhibits handed in at Trial (PD39A paragraph 7)
PF74 Order for Trial of Whole Claim or of an Issue by Master or District Judge
(PD2B paragraph 4.1)
PF78 Solicitor’s Undertaking as to Expenses (rule 34.13(6)(b))
PF83 Judgment on non-attendance of party at trial (rule 39.3 and PD39A paragraph 2)
PF84A Request for Judgment on failure to comply with an order made under rule 3.5(1) (previously PF85A)
PF84B Judgment on Request arising from failure to comply with an Order made under rule 3.5(1) (rule 3.5(2)) (previously PF85B)
PF84D Judgment on application arising from a failure to comply with an order made under rule 3.5(1) (previously PF84B)
PF85B Order on application arising from a failure to comply with a condition imposed under rule 3.1(3) (previously PF84A)
PF86 Request for issue of Writ of Control (rule 83.9(3))
PF87 Request for Issue of Writ of Sequestration (rule 83.9(3))
PF88 Request for Issue of Writ of Possession (rule 83.9(3) and rule 83.13)
PF89 Request for Issue of Writ of Possession and Writ of Control combined
(rule 83.9(3) and rule 83.13(9))
PF90A Request for issue of a Writ of Specific Delivery where judgment or order does not give the alternative of paying the assessed value of the goods (rules 83.9(3) and 83.14(1))
PF90B Request for issue of a Writ of Delivery where judgment or order gives the alternative of paying the assessed value of the goods (rules 83.9(3) and 83.14(2)(a))
PF90C Request for issue of a Writ of Specific Delivery where order made under rule 83.14(2)(b)(rules 83.9(3) and 83.14(2)(b))
PF91 Application for permission to issue a writ of possession (rule 83.13)
PF102 Bench Warrant
PF103 Warrant of committal (general) (rule 81.30)
PF104 Warrant of committal (contempt in face of the court
PF105 Bench Warrant (failure of witness to attend)
PF106 Warrant of committal (of prisoner) (rule 81.30)
PF113 Evidence on Application for Service by an Alternative Method or at an Alternative Place (rules 6.15, 6.27 and PD6A paragraph 9)
PF130 Form of advertisement of service by an alternative method (rule 6.15)
PF141 Witness Statement/Affidavit of Personal Service of Judgment or Order (rules 81.6 and 81.9)
PF147 Application by another party for Order declaring that Solicitor has ceased to act by reason of death etc. (rule 42.4 and PD42 paragraph 4)
PF148 Order declaring that Solicitor has ceased to act by reason of death etc. (rule 42.4 and PD42 paragraph 4)
PF149 Application by Solicitor for declaration that he has ceased to act (rule 42.3 and PD42 paragraph 3)
PF150 Order declaring that Solicitor has ceased to act for a party (rule 42.3 and PD42 paragraph 3.3)
PF152 Evidence in support of application for Examination of a Witness and production of documents under the Evidence (Proceedings in other Jurisdictions) Act 1975
(rule 34.17 and PD34 paragraph 6.3)
PF153 Certificate following examination under the Evidence (Proceedings in Other Jurisdictions) Act 1975
PF154 Order for permission to register a foreign judgment under [s. 9 of the Administration of Justice Act 1920] [s. 2 of the Foreign Judgments (Reciprocal Enforcement) Act 1933] [s. 4 of the Civil Jurisdiction and Judgments Act 1982] [EU Regulation 1215/2012] (rule 74.3 and 4)
PF156 Evidence in support of application for registration of a Community Judgment
(rules 74.19 and 74.21)
PF157 Order for registration of a Community judgment to be served on every person against whom the judgment is given (rule 74.22)
PF159A Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment under the Administration of Justice Act 1920 (CPR 74.3 and 74.4 and Practice Direction 74A paragraph 4.4 and paragraph 5)
PF159B Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment under the Foreign Judgments (Reciprocal Enforcement) Act 1933 (CPR 74.3 and 74.4 and Practice Direction 74A paragraph 4.4 and paragraph 5)
PF159C Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment under section 4 of the Civil Jurisdiction and Judgments Act 1982 (CPR 74.3 and 74.4 and Practice Direction 74A paragraph 4.4)
PF159D Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment under the Lugano Convention (CPR 74.3 and 74.4 and Practice Direction 74A paragraphs 4 and 6A)
PF159E Evidence in support of application for registration for enforcement in England and Wales of a foreign judgment under section 4B of the Civil Jurisdiction and Judgments Act 1982 (registration and enforcement of Judgments under the 2005 Hague Convention) (CPR 74.3(1) and CPR 74.4(5A))
PF160 Order for registration for enforcement in England and Wales of a foreign judgment under the Administration of Justice Act 1920, the Foreign Judgments (Reciprocal Enforcement) Act 1933, section 4 of the Civil Jurisdiction and Judgments Act 1982, section 4A of the Civil Jurisdiction and Judgments Act 1982 (the Lugano Convention) or section 4B of the Civil Jurisdiction and Judgments Act 1982 (the Hague Convention) (CPR 74.6)
PF163 Evidence in support of application for certified copy of a judgment obtained in the High Court or in the County Court for enforcement in a foreign country (CPR 74.12 and 74.13)
PF164A Evidence in support of application to the High Court for the registration of a certificate for the enforcement of money provisions of a judgment given in another part of the United Kingdom (rule 74.15)
PF 164B Evidence in support of application to the High Court for the registration for the enforcement of the non-money provisions of a judgment in another part of the United Kingdom (rule 74.16)
PF165 Evidence in support of application for registration in the High Court of a Judgment of a court in a another part of the United Kingdom containing non-money provisions (rule 74.16)
PF166 Certificate as to finality, etc. of Arbitration Award for Enforcement Abroad
(Arbitration Act 1996, s.58)
PF167 Order to stay proceedings under section 9 of the Arbitration Act 1996
PF168 Order on application to transfer claim from High Court to County Court
(sections 40(1) and (2) County Courts Act 1984; High Court and County Court Jurisdiction Order 1991 (as amended); rule 30.3) (see also new form PF168A)
PF170A Application for approval of settlement or compromise for a child or protected party in personal injury or Fatal Accidents Act claim before proceedings are begun (rule 21.10(2) and PD21 paragraphs 5 and 7)
PF170B Application for approval of settlement or compromise for a child or protected party in personal injury or Fatal Accidents Act claim after proceedings have been issued (rule 21.10(2) and PD21 paragraphs 6.1 and 7)
PF177 Order for partnership membership statement (PD7A paragraph 5B)
PF179 Evidence on registration of a Bill of Sale given by way of security for the payment of money (Bills of Sale Act 1878 sections 8 and 10; Bills of Sale Act (1878) Amendment Act 1882 section 10)
PF180 Evidence on registration of an Absolute Bill of Sale, Settlement
and Deed of Gift (Bills of Sale Act 1878, sections 8 and 10)
PF180B Evidence on application to rectify an omission or misstatement in the registration or renewal of registration of a bill of sale (Bills of Sale Act 1878, section 14; PD 8A paragraph 10A)
PF181 Evidence on renewal of registration of a Bill of Sale
(Bills of Sale Act 1878, section 11)
PF182 Order for extension of time to register a Bill of Sale or an affidavit of renewal thereof (Bills of Sale Act 1878, section 14; PD8A paragraph 10A.3)
PF183 Evidence for permission to enter Memorandum of Satisfaction on Bill of Sale
(Bills of Sale Act 1878, section 15; PD8A paragraph 11.5)
PF184 Claim form for an order that a memorandum of satisfaction be written of the registered copy of a Bill of Sale (Bills of Sale Act 1878, section 15; PD8A paragraph 11.2)
PF185 Order for entry of Memorandum of Satisfaction on the registered copy of a Bill of Sale
(Bills of Sale Act 1878, section 15; PD8A paragraph 11.5)
PF186 Evidence on application to register Assignment of Book Debts
(section 344 Insolvency Act 1986; sections 8 and 10 Bills of Sale Act 1878; PD8A paragraph 15B.4)
PF187 Application for solicitor’s charging order (section 73 Solicitors Act 1974)
PF188 Charging order; solicitor’s costs (section 73 Solicitors Act 1974)
PF197 Application for order for transfer from the Royal Courts of Justice to a district registry or vice-versa or from one district registry to another (rule 30.2(4))
PF198 Order for transfer from the Royal Courts of Justice to a district registry or vice-versa or from one district registry to another (rule 30.2(4))
PF205 Evidence in support of application for permission to execute for costs of previous attempts to enforce judgment (section 15(3) and (4) of the Courts and Legal Services Act 1990)
The following forms are introduced (some replacing existing forms):
CH1 Case Management Directions for normal use in Chancery Division (replaces Proc01A)
CH2 Full Draft Case Management directions (replaces Proc01)
CH3 Order for Costs and Case Management Conference and trial date (replaces Proc01 CCMC)
CH4 Unless order (replaces Proc 10)
CH5 Order for service out (replaces Appl 5)
CH6 Group litigation order (see also PF19 for non-Chancery)
CH7 Notice of Claim to non-parties (replaces Proc 24)
CH8 Notice of judgment or order to non-parties (replaces Proc 25)
CH9 Witness statement/affidavit in support of application for appointment of new litigation for child (replaces PF32CH)
CH10 Order for an injunction (intended action) Part 25 (replaces PF39CH)
CH11 Order for interim injunction Part 25 (replaces PF40CH)
CH12 Order for stay for ADR PD26 (replaces Proc01S)
CH13 Executor’s/Administrator’s Account Part 40 (replaces PF28CH)
CH14 Order stating results of proceedings on usual accounts and inquiries in admin claim Part 40 (replaces PF29CH)
CH15 Common form of Order for Sale rule 40.16 (replaces Sale 1)
CH16 Order nominating person to execute sale rule 40.16 (replaces Sale 2)
CH17 Order for account and inquiry PD40A (replaces Inquiry 2)
CH18 Order for partnership account and inquiry PD40A (replaces Inquiry3)
CH19 Result of partnership account and inquiry PD40A (replaces Inquiry 5)
CH20 Result of account of money due PD40A (replaces Inquiry 6)
CH21 Order declaring that a solicitor has ceased to act rule 42.3 (replaces Proc 20)
CH22 Mortgage: suspended possession order Part 55 (replaces Mg/PF5CH)
CH23 Mortgage possession order Part 55 (replaces Mg 2)
CH24 Order appointing administrator pending determination of probate claim Part 57 Section 1 and PD57A (replaces PF36CH)
CH25 Security of receiver/administrator pending determination of probate claim Part 57 (replaces PF30CH)
CH26 Order in Probate claim involving compromise Part 57 (replaces PF38CH)
CH27 Handing out testamentary documents for examination rule 57.5 (replaces Prob 4)
CH28 Revocation/refusal of grant of probate rule 57.5 (replaces Prob 3)
CH29 Order pronouncing for some words, against others Part 57 Section II (replaces Prob 5)
CH30 Order pronouncing for completed copy/torn up will Part 57 Section II (replaces Prob 6 and 7)
CH31 Tomlin Order – 1975 Act Part 57 Section IV (replaces Family 1)
CH32 Order for approval of compromise (replaces Family 2)
CH33 order granting permission to make application under 1975 Act after time expired Part 57 Section IV (replaces Family 3)
CH34 Order for Claimant to be Defendant – 1975 Act Part 57 Section IV (replaces Family 4)
CH35 Order for provision under 1975 Act Part 57 Section IV (replaces Family 5)
CH36 Enforcing charging order (single defendant) (replaces Mg 3)
CH37 Enforcing charging order (multiple defendants) (replaces Mg 4)
CH38 Order for distribution of a Lloyds Estate
CH39 Lloyd’s Estate Form of Witness Statement
N208PC Planning Statutory Review. Part 8 Claim form
PF7B Request for service of document on a State (rule 6.44)
(to be filed in the Central Office of the Royal Courts of Justice)
PF71 Evidence in support of application for relief from sanctions (rule 3.8 and 3.9)
PF84C Application for entry of judgment on failure to comply with an order made under rule 3.5(1) (rule 3.5(5))
PF85A Application for order arising on failure to comply with a condition imposed under rule 3.1(3)
PF84C Application for entry of judgment on failure to comply with an order made under rule 3.5(1)
PF168A Order of the court’s own initiative to transfer claim from High Court to County Court
(section 40(1) and (2) County Courts Act 1984; High Court and County Court Jurisdiction Order 1991 (as amended); rule 30.3)
PF180A Evidence on application to extend time for registration of a bill of sale or an affidavit of its renewal (Bills of Sale Act 1878, section 14; PD8A paragraph 10A)
The following forms are deleted:
No.110 replaced by Form 110
No.111 replaced by Form 111
No.112 replaced by Form 112
PF13 replaced by No.44C
PF15 replaced by No.44D
PF21A (now part of PF21)
PF158 see PF157 as amended
PF159 replaced by PF159A-E
PF161 redundant due to form 160 and rule 74.9
PF164 replaced by PF164A and PF164B
PF29CH replaced by CH14
PF30CH replaced by CH25
PF32CH replaced by CH9
PF36CH replaced by CH24
PF38CH replaced by CH26
PF39CH replaced by CH10
PF40CH replaced by CH11
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents from 31 July 2013
An amendment to paragraph 1.1(A1)(a) and (b) extends until 6 April 2016, the date by which a medical expert, preparing an initial report in a soft tissue injury claim, must be accredited by MedCo Registration Solutions (“MedCo”).
82nd Update coming into force November/December 2015
The 82nd Update to the Civil Procedure Rules introduces changes in a number of areas. Amendments to rules come into force on 3 December 2015, practice direction changes come into force on two dates in November. The changes are set out full in the Statutory Instrument and Practice Direction Making Document.
Amendments make provision that in a County Court claim for a specified sum of money only the claim will be sent to the defendant’s local hearing centre, if and when a hearing is required, if the defendant is an individual. In all other cases, the claim will be sent to the claimant’s preferred hearing centre as indicated on the claim form or directions questionnaire. Other amendments are made within the same rule to make clear where claims must be sent where a claimant specifies on the directions questionnaire an alternative hearing centre to that indicated on the claim form; and where the defendant indicates on the directions questionnaire an alternative hearing centre to the hearing centre local to their address. The amendments come into force on 3 December 2015.
Practice Direction 2C Starting Proceedings in the County Court
The amendment provides for the issue of proceedings under the Companies Acts at the Central London County Court hearing centre rather than in the High Court. The changes come into force on 7 December 2015.
Practice Direction 5B Electronic Communications and Filing of Documents
The existing practice direction is replaced to give effect to changes that will allow increased communication with and by the County Court by way of e-mail, and to remove references to services which are no longer operational. The changes will come into force on 7 December 2015.
PD51O The Electronic Working Pilot Scheme
The existing pilot scheme (as set out in Practice Direction PD51J) allowing for the electronic filing of claims and subsequent documents in the Technology and Construction Court is replaced. The new scheme extends the pilot to the Chancery Division, the Commercial Court, the Mercantile Court, and the Admiralty Court (“the Rolls Building Jurisdictions”). Compliance with the pilot scheme is not mandatory. The scheme will operate for one year from 16 November 2015.
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents from 31 July 2013
An amendment to paragraph 1.1(A1)(a) and (b) extends, by one month to 1 February 2016, the date by which a medical expert, preparing an initial report in a soft tissue injury claim, must be accredited by MedCo Registration Solutions (“MedCo”).
The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 SI No 1644 which makes amendments to the Civil Procedure Rules is published. The changes which come into effect on 1 October 2015.
81st Update coming into force October 2015
1. The 81st Update to the Civil Procedure Rules introduces changes in a number of areas. The majority of the amendments come into force on 1 October 2015. The changes relating to Statutory Planning applications (PD8C, Part 52, PD54E) will come into force on the date the statutory provision to which they relate (section 91 of the Criminal Courts and Justice Act 2015, which introduces Schedule 16 to that Act) comes into force. Amendments relating to the provisions for making Telecommunication Restriction Orders will come into force on the day on which and immediately after The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2015 come into force.
Part 3 - The Court’s Case Management Powers
Early Neutral Evaluation Amendments make it clear that the court’s case management powers include hearing an Early Neutral Evaluation. Further amendments make provision for the way in which the court is to approach case management in a case where at least one of the parties is unrepresented.
Unrepresented Parties A new rule makes provision for the way in which the court is to approach case management in a case where at least one of the parties is unrepresented.
Part 5 - Court Documents
A signpost is added to assist users by indicating the rules contained in other parts of the CPR which disapply the rules about supply of documents from court records.
Practice Direction 6B - Service Out of the Jurisdiction
Amendments are made to a number of the existing gateways for service out of the jurisdiction of trust claims, and a new gateway in relation to claims for breach of confidence or misuse of private information is introduced.
Part 7 - How to Start Proceedings – The Claim Form
The procedure for filing at court the relevant documents where the claimant serves the claim and particulars of claim on the defendant are clarified.
Practice Direction 8A – Alternative Procedure for Claims
Amendments make provision for the making of Telecommunication Restriction Orders to allow communications service providers to remove services where the illegal use of a mobile phone in prison has been identified. The amendments will come into force on the day on which and immediately after The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2015 come into force.
Practice Direction 8C – Alternative Procedure for Statutory Review of Certain Planning Matters
A new Practice Direction is introduced supporting implementation of the provisions about statutory planning challenges. Amendments are also made to Part 52 Appeals, PD8A – Alternative Procedure for Claims and PD54E Judicial and Statutory Review. The amendments come into force on the day on which and immediately after, section 91 of the Criminal Justice and Courts Act 2015 comes into force, but the changes do not apply in relation to any application to which section 288(4A) of the Town and Country Planning Act 1990 does not apply.
Practice Direction 30 - Transfer
Amendments are made to enable the High Court to transfer certain competition cases to the Competition Appeal Tribunal (CAT).
Part 47 and Practice Direction 47 - Procedure for Assessment Of Costs And Default Provisions
The rules are amended to provide that details of costs budgets are provided when detailed assessment of costs is required (Model Precedent Q).
Practice Direction 51I - The County Court at Central London Multi-Track Pilot Scheme
The current HMCTS pilot for transfer of work to the County Court at Central London is extended until 30 September 2016.
Practice Direction 51L - New Bill of Costs Pilot Scheme
A pilot scheme for testing a new bill of costs, Precedent AA, to reflect the costs management and costs budgeting procedures is introduced.
Practice Direction 51M – Financial Markets Test Case Scheme
A new Practice Direction providing for a pilot scheme for Financial Market “test” cases, designed to give the opportunity where appropriate to resolve market uncertainty issues at an earlier stage than is currently conventional is introduced.
Practice Direction 51N - Shorter and Flexible Trials Pilot
A new Practice Direction provides for two pilot schemes to run in the Rolls Buildings.
The Shorter Trial Scheme involves a streamlined procedure leading to judgment within a year of issue of proceedings. For commercial parties it offers dispute resolution on a commercial timescale.
The Flexible Trial Scheme involves the adoption of more flexible case management procedures where the parties so agree resulting in a more simplified and expedited procedure than the full trial procedure currently provided for under the CPR.
Part 52 - Appeals, PD8A - Alternative Procedure for Claims, PD8C - Alternative Procedure for Statutory Review of Certain Planning Matters, PD54E Judicial Review and Statutory Review
Amendments introduce a permission stage for certain planning challenges; amendments to various practice directions supporting this initiative are also made to support a quick and efficient procedure for planning claims. The amendments come into force on the day on which and immediately after, section 91 of the Criminal Justice and Courts Act 2015 comes into force, but the changes do not apply in relation to any application to which section 288(4A) of the Town and Country Planning Act 1990 does not apply.
Practice Direction 52C – Appeals to the Court of Appeal
An amendment is made to correct a typographical error.
Part 63A - Financial List and Practice Direction 63AA – Financial List
A new Part 63A and supporting Practice Direction are introduced providing for a new single specialist list, called the Financial List, sitting in both the Chancery Division and the Commercial Court to handle the more complex and important financial markets cases. A number of forms are introduced to support the new list and consequential amendments are made to Practice Direction 4.
Forms N462 and N462(PC) are amended.
Forms: N1(CCFL), N1(CHFL), N1C(CCCHFL), N9(CCFL), N9(CHFL), N208(CCFL), N208(CHFL), N211(CCFL), N211 (CHFL), N213(CCFL), N213(CHFL), N244(CCFL), N244(CHFL), N265(CCFL) and N265(CHFL) are introduced in relation to the Financial List.
Revised and newforms will be available on http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do
1. The following Pre-Action Protocols have been amended and come into effect on 6 April 2015:
- The Pre-Action Protocol for Personal Injury Claims
- The Pre-Action Protocol for the Resolution of Clinical Disputes
- The Pre-Action Protocol for Professional Negligence
- The Pre-Action Protocol for Judicial Review
- The Pre-Action Protocol for Housing Disrepair Cases
- The Pre-Action Protocol for Possession Claims by Social Landlords
- The Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property
- The Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims
The changes to the Pre-Action Protocols can be seen in the PAP making document.
The Pre-Action Conduct Practice Direction is also amended and changes can be seen in the PD Making Document to the 79th Update below.
2. Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents – please note that the address for searches of accredited medical experts should read: http://www.askCUE.co.uk. The website address will go live in June.
80th Update coming into force 17 April 2015
Amendments are made to Parts 76, 79, 80, 82 and 88 in relation to Temporary Exclusion Orders to ensure consistency with other parts of the rules, to correct an error and to make clear that the “relevant person” referred to is the Secretary of State. The amendments come into force on 17 April 2015.
The statutory instrument can be seen at: http://www.legislation.gov.uk/uksi/2015/877/contents/made
79th Update coming into force April 2015 – PD Making Document
Amendments to the Practice Directions in relation to the 79th Update to the CPR can been seen in the 79th update - Practice Direction amendments document.
79th Update coming into force April 2015
The 79th Update to the Civil Procedure Rules introduces changes in two areas: Parts 21 and 46 in relation to costs coverable from awards to protected parties coming into force on 6 April 2015; and Part 54 in relation to judicial review application.
The Statutory Instrument
The Practice Direction Making Document will be published in due course.
Part 21 Children and Protected Parties and Part 46 Costs Special Cases
Costs payable by a Child/Protected party from a damages award
A further amendment is made to Part 21 clarifying the amendments made in the 78th Update and the amendments to Part 46 in relation to those changes are introduced. The amendments come into force on 6 April 2015.
Part 54 Judicial Review and Statutory Review
Implementation of s84 and s87 of the Criminal Justice and Courts Act 2015
Section 84 of the Act amends section 31 of the Senior Courts Act 1981 with regard to judicial reviews in which the court considers it highly likely that the outcome for the applicant would not been substantially different had the conduct complained of not occurred.
The section will require the court to consider such arguments when raised at permission and, where the ‘highly likely threshold’ is met, refuse permission unless the court considers it appropriate to do so for reasons of exceptional public interest. The court may not grant a remedy where the ‘highly likely threshold’ is met except where it considers it appropriate to do so for reasons of exceptional public interest.
Further amendments are to provide that a relevant party (within the meaning of section 84 of the 2015 Act) may apply to the court for the intervener to pay the costs that the relevant party has incurred as a result of the intervention.
The amendments will come into force on the date that sections 84 and 87 of the Criminal Justice and Courts Act 2015 come into force.
Update coming into force with immediate effect 26 and 27 February 2015
Temporary Exclusion Orders
Please note the amendments made to the Civil Procedure Rules coming into force on 27 February 2015.
The rules amend the Civil Procedure Rules for the purpose of implementing Chapter 2 of Part 1 of the Counter-Terrorism and Security Act 2015 by amending rule 1.2 (so that it is subject to rule 88.2 (modification to the overriding objective)); and inserting a new Part 88 containing rules about proceedings in relation to temporary exclusion orders, particularly where sensitive material is in issue and it is necessary to ensure that such material is not disclosed where such disclosure would be contrary to the public interest.
The rules can be seen at: www.legislation.gov.uk/uksi/2015/406/contents/made
The Public Contracts Regulations 2015
Amendments in relation to CPR Part 54 came into force on 26 February 2015. These were consequential amendments contained in paragraph 11 of Schedule 6 of the Public Contracts Regulation 2015 and can be seen at: www.legislation.gov.uk/uksi/2015/102/contents/made
There are no amendments to forms.
78th Update coming into force January and April 2015
The 78th Update to the Civil Procedure Rules introduces changes in a number of areas. The amendments in respect of the implementation of Regulation (EU) No. 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters (the “Protection Measures Regulation”) come into force on 11 January 2015. The remainder of the amendments come into force on 6 April 2015. The amendments for this update are contained in a Statutory Instrument and Practice Direction Making Document.
The Statutory Instrument
The Practice Direction Making Document
Part 21 Children and Protected Parties
Costs payable by a Child/Protected party from a damages award
Amendments are made to address the growing number of applications at approval hearings for payment out of the child\protected party's damages to meet the success fee provided for in the conditional fee agreement or entered into between the litigation friend and the solicitor for the child\protected party. The rules are amended to reflect when and how a deduction from damages of a sum to meet any shortfall between the costs recoverable from the other party and the 'solicitor and own client' costs payable to the child's\protected party's solicitors applies. The amendments are confined to those cases where the award or ordered do not exceed £25,000. Consequential amendments are made to Part 47, PD 21 and PD46. The amendments come into effect on 6 April 2015.
PD29 The Multi-Track and Part 30 Transfer
Diversion of cases to London
Amendments are made to the rules in respect of transfer of cases, to require litigants engaged in disputes in regional courts to state the reasons why a particular case should be transferred to London for determination when the appropriate specialist courts are available regionally. The amendments come into effect on 6 April 2015.
Part 36 and PD36A Offers to settle
Part 36 of the CPR set outs the procedure to be followed where a party makes an offer to settle a matter, or part of a matter, and the consequences of making such offers. Since the rules were substantially amended in 2007 there has been a large amount of case law in respect of the application of the rules to various aspects of settlement including fraudulent claims and offers in respect of a split trial). The changes reflect the case law and aim to simplify the rules as far as possible to make them more accessible to court users, particularly litigants in person. Consequential amendments are made to Parts 37, 44, 45, 47 and 52. The amendments come into effect on 6 April 2015.
PD27 The Small Claims Track and PD46 Costs - Special cases
Litigants in person costs
A small amendment is made to (1) hourly rate that litigants in person conducting their own case may claim for legal work; and (2) the amount a party or witness may be paid for attending a small claim hearing. The first amount is increased from £18 to £19 per hour and the second from £90 to £95 per day. The increase is based on the change as represented by the Average Weekly Earning Index since the figures were last amended in 2011.
PD52D Statutory Appeals and Appeals subject to special provision
Temporary Appellate jurisdiction for Bar Standards Authority
The practice Direction is amended to enable appeals against certain decisions of the Bar Standards Board (BSB) to be considered by the High Court for a short period of time until the appropriate legislation is in place to allow a decision of the BSB’s Qualifications Committee be appealed to the General Regulatory Chamber of the First Tier Tribunal. The amendments come into force on 6 April 2015.
Part 74 and PD 74A Enforcement of Judgments in Different Jurisdictions
EU regulation on mutual recognition of protection measures in civil matters
Amendments to the rules allow for implementation of Regulation (EU) No. 606/2013 of the European Parliament and of the Council on mutual recognition of protection measures in civil matters (the “Protection Measures Regulation”). This Regulation will allow protection measures made in the UK to be automatically recognised and enforced in other member states (except Denmark, which is not bound by the Regulation), and the recognition and enforcement in the UK of protection measures made in such other member states. Protection measures are defined in the Regulation and essentially involve obligations on a person to refrain from contacting or approaching another person. The County Court and the Queen’s Bench Division of the High Court will conduct proceedings under the Regulation. Similar amendments are being made to the Family Procedure Rules. Consequential amendments are made to Part 81. The regulation and amendments come into force on 11 January 2015.
Amendments are made to correct two numbering errors in the Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014 No. 2948 (L. 32)) relating to the implementation of Regulation (EU) N 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and recognition and enforcement of judgments in civil and commercial matters (recast). The amendments come into force on 9 January 2015.
Part 87 Applications for Writ of Habeas Corpus
The introduction of a new Part 87 dealing with applications for Habeas Corpus is part of the ongoing work of the CPR Committee to transfer the remaining Rules of the Supreme Court into the CPR. The rules are modified to update the language and to reflect the process in the Administrative Court which deals with such applications. Part 87 sets out the procedure code to be followed where the court is required to determine whether a custodian has the lawful authority to detain a prisoner. Many of the Latin terms have been replaced with simpler English phrases to assist the court user, the one exception being “Habeas Corpus” which has been retained as a widely recognised term.
RSC Order 54 is omitted and there are consequential amendments to PD4. The amendments come into force on 6 April 2015.
Pre-Action Protocol for Low Value Personal Injury claims in Road Traffic Accidents Protocol (RTA PAP)
Amendments are made to reflect the introduction of a new system for sourcing medical reports in soft tissue injury claims brought under the RTA PAP. A 'not for profit' company 'MedCo Registration Solutions' (‘MedCo’) has been set up to operate this system, and from 6 April 2015, medico-legal experts and medical reporting organisations (MRO) will need to be registered with MedCo in order to provide medico-legal reports for RTA soft tissue injury claims. Users will be able to use the MedCo Portal to search for individual experts or MROs and will receive a number of randomly generated results from which to choose, to prevent the potential for conflicts of interest between those commissioning and those providing medico-legal reports. In addition, there will also be a new accreditation requirement for medico-legal experts and MRO to help improve the quality of medical evidence and drive up standards. The amendments will also require solicitors to undertake ‘previous claims’ checks on potential claimants and to confirm to the defendant that this has been done. Consequential amendments are made to Part 45, PD8B, 16, PD35 and Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims. The amendments come into force on 6 April 2015.
Forms N242A, N260, No. 89, No.91 and No.92 are amended.
Forms No.87, No. 88, and No. 90 are deleted.
The Practice Direction - Directors Disqualification Proceedings has been amended and a new Practice Direction substituted. The Practice Direction came into force on 9 December 2014 and contains a note highlighting the reasons for change and the main amendments.
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