Civil Procedure Rules
62nd Update came into force 30 April 2013
The 62nd Update to the Civil Procedure Rules amends the fixed costs available in cases in the Low Value Personal Injury Claim Protocol for Road Traffic Accidents.
The amendments to the Rules are contained in a Statutory Instrument: The Civil Procedure (Amendment No.3) Rules 2013 Statutory Instrument 2013 No.789
61st Update (supplementary to 60th Update) came into force 1 April 2013
The 61st Update to the Civil Procedure Rules introduces changes in respect of costs management, transitional provisions in respect of the proportionality test and allows for an expansion in scope of the small claim mediation pilot. The amendments to the Rules are contained in a Statutory Instrument and Practice Direction Making Document which can be viewed at:
The Civil Procedure (Amendment No.2) Rules 2013 Statutory Instrument 2013 No.515. You can also view the Practice Direction amendments by viewing the Practice Direction making document.
60th Update 1 April 2013
The 60th Update to the Civil Procedure Rules introduces changes in a number of areas. The amendments to the Rules are contained in a Statutory Instrument and Practice Direction Making Document.
The amendments come into force on 1 April 2013. Please note there are transitional provisions in respect of a number of the rules. Full details are set out in the Statutory Instrument and those relating to funding arrangements are set out in Part 48.
Part 1 - Overriding Objective
The overriding objective of the rules is strengthened to enable to the courts to deal with cases justly and at proportionate cost.
Part 3 – The Court’s Case Management Powers
PD3E Costs Management
PD3F Costs Capping
Rules are amended to allow the court to monitor parties’ compliance with directions.
The scope of the rules on applications for relief from sanctions is widened to provide the court with the power to deal with failure to conduct litigation at proportionate cost (this amendment only applies to applications made on or after 1 April 2013).
A new section governing costs management for multi-track cases (with the exception of those cases proceeding in the Admiralty and Commercial Courts) is introduced in Part 3. Costs budgets are introduced and the court will require the parties to file a costs budget at an early stage of the proceedings and parties will be encouraged to agree the budgets where possible. The court may make a “costs management order” and if it does so will thereafter control the parties’ budgets in respect of recoverable costs. Cost capping rules previously contained in Part 44 are moved into this part and parties are additionally required to file a costs budget rather than an estimate of costs with any application for a costs capping order. PD3E and PD3F are inserted. Consequential amendments are made to PD22 and the Practice Direction – Pre-Action Conduct.
Your attention is drawn to the document issued by the President of the QB Division and the Chancellor of the High Court in respect of an amendment to rule 3.12(1). Costs Budgeting Direction amending new CPR rule 3.12 (PDF 40.7kb)
Part 26 – Case Management – preliminary stage
(a) Increasing small claims track limit
Amendments are made to provide for an increase in the upper limit of the small claims track for civil claims (excluding personal injury and housing disrepair claims) from £5,000 to £10,000. A further amendment is made which removes the necessity for both parties to consent to a higher value case being allocated to the more suitable small claims track. Consequential amendments are made to Parts 16, 26, and 27. The change comes into force for all claims issued on or after 1 April 2013.
(b) Allocation Questionnaires
Rules are amended to allow for the substitution of the Allocation Questionnaire with the Directions Questionnaires. Two Directions Questionnaires are introduced; one for cases that are provisionally allocated to the small claims track and one for cases which may be allocated to the Fast or Multi-Track. Following the receipt of a defence the court will make a provisional decision as to which track is appropriate based on the value of the claim. The court will then send a notice to all parties requiring completion of the Directions Questionnaire; the notice may also contain other directions. Only where a party is a litigant in person will the court send out the appropriate Direction Questionnaire. Where a case is likely to be allocated to the Fast or Multi-Track parties will be required to file proposed or agreed directions. The time by which the completed Direction Questionnaire and accompanying documents must be filed is increased and parties will have at least 28 days from the deemed date of service of the notice in which to file the documents. All parties will be required to serve a copy of the completed Directions Questionnaire and any other documents required by the notice on all other parties. The agreed or proposed directions for Fast Track cases should follow those set out in Part 28, for Multi-Track cases standard and model directions can be found online. Consequential amendments are made to PD5A, PD5C, PD15, PD28 and PD29. These amendments apply where a defence is filed on or after 1 April 2013.
(c) Allocation of claims procedure
Amendments are made to ensure that where possible administrative processing of claims is centralised and cases are only transferred once a hearing is required. To facilitate this, rules are modified for designated money claims to allow staff to take steps where parties fail to return a Directions Questionnaire and to make stay orders to allow parties time to settle matters. These amendments apply where a defence is filed on or after 1 April 2013.
Practice Direction 27 – The Small Claims Track
Amendments are made to increase the amount that can be recovered for expert’s fees in a case allocated to the small claims track. An upper limit of £750 is introduced.
Part 29 – The Multi-Track
The rules are modified to require parties to endeavour to agree appropriate directions for the management of cases, and to submit directions seven days before any case management conference. This amendment does not apply to any case management conference due to or taking place before 9 April 2013. To assist parties a menu of standard directions for cases allocated to the Multi-Track are provided. The directions will be available electronically via a link on the Civil Procedure Rules website and on other websites. Parties will also been given confirmation by the court of the day or week in which the trial will begin following the filing of the pre-trial check list, a listing hearing or a pre-trial review.
Part 31 – Disclosure and inspection of documents
The rules on disclosure are expanded to allow for tailored rather than standard disclosure of material in Multi-Track cases except personal injury cases. Form N263 is introduced to facilitate this change. This amendment does not apply where the first case management conference takes place or is due to take place before 16 April 2013.
Part 32 – Evidence
The rules on evidence are amended to allow the court to give directions defining and limiting the factual evidence which may be called.
Part 35 – Experts and Assessors
A new rule is introduced requiring that an estimate of costs in respect of expert evidence is provided. Further amendments are made to clarify the issues which any expert will address and to allow the court to specify issues the expert evidence should address. These amendments do not apply in any application for permission made on or before 1 April 2013.
Practice Direction 35
Amendments are made to provide that the court may direct that experts from like disciplines shall give their evidence concurrently. The procedure following such a direction is also set out.
Part 36 – Offers to settle
The rules are modified to provide for an additional amount to be paid by a defendant who does not accept a claimant’s offer which the defendant then fails to beat at trial (that is, that the trial outcome is no more advantageous to the defendant than the claimant’s offer). These amendments do not apply in relation to a claimant’s Part 36 offer made before 1 April 2013.
Part 43 – General Rules about Costs
Part 43 is revoked.
Parts 44–48 and accompanying practice directions
The existing rules and supporting practice direction on costs have been redrafted to remove irrelevant and obsolete procedures. Changes of particular note are:
Part 44 – General Rules about Costs
(a) One way qualified costs shifting
Introducing rules for a new system of qualified one way costs shifting (QOCS) in personal injury cases, devised as an alternative to after the event (ATE) insurance. The effect of QOCS is that a losing claimant will not pay any costs to the defendant, and a successful claimant against who a costs order has been made (for example, where the claimant does not accept and then fails to beat the defendant’s “part 36 offer” to settle) will not have to pay those costs except to the extent that they can be set off against any damages received. QOCS protection will however be lost altogether if the claim is struck out or is found to be fundamentally dishonest. QOCS protection will be lost in part, and subject to the court’s permission, in two instances: first, if an otherwise successful claim includes an unsuccessful non-personal injury element (e.g. housing disrepair or costs of credit hire in arranging an alternative vehicle), and there is an order for costs against the claimant of that unsuccessful element, the claimant is liable for all the defendant’s costs of that unsuccessful element to the extent that it is just and fair; and second, where the claim, or an element of it, is made for the financial benefit of someone other than the claimant (e.g. a credit hire claim in respect of the financing company), an order for the defendant’s costs of the claim, or that element, may be made, and enforced, against that person/organisation.
(b) Damages-based agreements
Amendments are made in consequence of the introduction of damages-based agreements (DBAs) in civil proceedings. A DBA is a private funding
arrangement between a representative and a client whereby the representative’s agreed fee is contingent upon the success of the case and is determined as a percentage of the compensation received by the client. Under a DBA the lawyer may not recover by way of costs more than the total amount payable under the DBA fee.
Part 45 – Fixed Costs
Amendments are made to comply with the Aarhus Convention so that any system for challenging decisions in environmental matters is open to members of the public and is not prohibitively expensive. Two limits are set: on the costs recoverable by a defendant from a claimant (£5,000 where the claimant is an individual and £10,000 in any other circumstances) and; on the costs recoverable by a claimant from a defendant (£35,000). Consequential amendments are made to PD 25A, Part 54 and the Pre-Action Protocol Judicial Review. The amendments do not apply to a claim commenced before 1 April 2013.
Part 47 – Procedure for Detailed Assessment of Costs and Default Provisions
The rules relating to assessment of costs are redrawn to ensure that material presented to the court is relevant to the particular bill of costs and sets out any contentions clearly and concisely. Referral to authorities, quoting of well known judgments and explanations of and responses to individual points of dispute are discouraged.
The process for detailed assessment in which the costs claimed are £75,000 or less is amended. The court will undertake a provisional paper assessment of the bill, and the costs of the assessment will be limited to £1,500. If any party is dissatisfied with the assessment an oral hearing will be fixed. If the dissenting party achieves an adjustment in its favour by 20% or more they will not be required to pay the costs of the oral hearing.
Part 48 – Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Relating to civil litigation funding and costs: Transitional provisions in relation to pre-commencement funding arrangements
The new rules set out the transitional provisions in relation to funding arrangements and identifies those classes of case where exemptions apply.
PD51D – Defamation Proceedings Costs Management Scheme
The PD is omitted, any proceedings commenced before 1 April 2013 within the scope of the pilot scheme will continue in accordance with the scheme.
PD51E – County Court Provisional Assessment Pilot Scheme
The PD is omitted, any detailed assessment commenced under the scheme before 1 April 2013 will be completed in accordance with the scheme.
PD51G – Costs Management in Mercantile Courts and Technology and Construction Courts – Pilot Scheme
The PD is omitted, any proceedings commenced before 1 April 2013 within the scope of the pilot scheme will continue in accordance with the scheme.
Part 52 – Appeals
Amendments are made to allow an application for an order that the recoverable costs of appeal be limited to the extent which the court specifies. The court will take into account the means of both parties; the circumstances of each case; and the need to facilitate access to justice before making any such order.
PD 52C – Appeals to the Court of Appeal
An amendment is made to ensure that in a second appeal to the Court of Appeal the appellant identifies the important point of principle or practice, or the compelling reason which is said to justify the grant of permission to appeal.
Part 63 – Intellectual Property Claims and PD63
Amendments are made as a consequence of the increase of the small claims track limit.
PD66 – Crown Proceedings
This amendment updates the list names and addresses of authorised government departments under which civil proceedings against the Crown are to be instituted.
Schedule 2 CCR Order 27
Rule 7A(3) is omitted as a consequence of introducing Part 81 in the previous update.
PD Civil Recovery Proceedings
Amendments are made to allow for commencement of applications for recovery orders in the Queens Bench Division and for the transfer of cases.
Pre-Action Protocol for Judicial Review
A change to the address of the Legal Services Commission is made, and amendments consequential on changes to Part 45.
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
A number of consequential amendments are made following revision of the costs rules and practice directions.
Glossary
Two new terms are introduced into the Glossary: Budget and Damages-based agreement.
Preview
You can preview the rule changes in this amendment by viewing The Civil Procedure (Amendment) Rules 2012 Statutory Instrument 2012 No. 262. You can also view the Practice Direction amendments by viewing the Practice Direction making document.
| Schedule of future costs precedents | |
| A | A: Model form of bill of costs |
| F | F: Certificates for inclusion in bill of costs |
| G |
G: Points of Dispute and Reply |
| H |
H: Costs Budget |
| H - Guidance |
H: Cost budget - guidance |
| P |
P: Solicitors Act 1974: breakdown of costs |
Annex C - List of authorised government departments
Forms
A number of forms are discontinued, introduced and amendment. A full list of the forms will be available shortly.
CPR Index
An html CPR index is available which incorporates 62nd update changes. Should you have any comments about the web index we'd appreciate your feedback.
Problems with court forms?
Her Majesty's Courts and Tribunals Service (HMCTS) 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 HMCTS.
