Civil Procedure Rules
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.
77th Update to the Civil Procedure Rules
The 77th Update contains changes to PD7C only which came into force on 27 November 2014.
Amendments are also made to the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. The amendments apply where a Claim Notification form is sent in accordance with the Protocol on or after 1 October 2014.
The Practice Direction Making Document
Practice Direction 7C – Production Centre
The amendments to the Practice Direction reflect the changes in processes at the County Court Business Centre (CCBC). The Secure Data Transfer solution aims to provide a secure method of directly transferring data in a streamlined and efficient way. The amendments came into force on
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Amendments are made to clarify the definition of associate.
76th Update to the Civil Procedure Rules
The 76th Update comes into force on 1 December 2014 and 10 January 2015
Amendments to Part 6 are made consequential on the implementation of the recast Judgments Regulation (see Part 74) and come into force 10 January 2015.
Practice Direction 35 Experts and Assessors
Amendments to PD35 are consequential on the issue by the Master of the Rolls of new “Guidance for the Instruction of Experts in Civil Claims 2014” to replace the previous Protocol for the Instruction of Experts to Give Evidence in Civil Claims.
The changes come into force on 1 December 2014.
Practice Direction 57B Proceedings under the Presumption of Death Act 2013
The amendments insert an additional piece of information (the usual or last known address of the missing person) to the list of information which, if known, must be included in or accompany the claim form for a declaration of presumed death. This aligns the requirement with the requirement for the Notice of Advertisement of Claim to contain this information and with regulations made by the Registrar General concerning requirements for registration of presumed deaths.
The amendments come into force on 1 December 2014.
Part 74 Enforcement of Judgments in different jurisdictions
The amendments are made to ensure that the provisions of the CPR governing procedure in relation to the recognition and enforcement of judgments as between courts in England and Wales and courts in other EU Member States are consistent with the provisions of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (“the recast Judgments Regulation”). The recast Judgments Regulation replaces Council Regulation (EC) No. 44/2001 of 22 December 2000) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“the original Judgments Regulation”). Consequential amendments are made to Part 6 and PD74A.
The amendments come into force on 10 January 2015.
The Regulations can be seen at:
PD74B European Enforcement Orders (EEO)
The amendment removes the reference to the EEO Regulation being annexed to the Practice Direction and instead refers the reader to the European legislation website.
The amendments come into force on 10 January 2015.
74th and 75th Updates to the Civil Procedure Rules
The 74th Update (PD2C) comes into force on 30 July 2014 and 75th Update comes into force on 1 October 2014.
Take Note: The Insolvency Practice Direction has been amended with the changes coming into force with effect from 29 July 2014. The Practice Direction has been replaced in its entirety.
75th Update coming into force 1 October 2014
The Practice Direction Making Document
PD2D References in the rules to actions done by the Court
A new Practice Direction highlights a change in terminology, further to the view expressed by the Joint Committee on Statutory Instruments that where the court is to take an action the expression “must” is preferable to “will”.
PD5C Electronic working scheme
The practice direction setting out a pilot scheme which allowed the electronic filing of documents in certain divisions of the High Court is omitted as the scheme has now ended.
PD8A Alternative procedure for claims
An amendment provides that an application to challenge the validity of a Public Spaces Protection Order under section 66 of the Crime and Courts Act 2013 may be made to the Administrative Court.
Part 21 Children and protected parties
Amendments address the inconsistencies between the rules and practice direction in respect of the material that must be served and filed in relation to child/protected party settlement claims.
Part 30 Transfer
An amendment is made to provide that an order for the transfer of proceedings between the Chancery Division and a specialist list in the Queen’s Bench Division may only be made with the consent of the Chancellor of the High Court.
PD8B The PAP for Low Value Personal Injury Claims in RTA and Low Value Personal Injury (Employers’ Liability and Public Liability) Claims, PD16 Statements of Case, Part 35 Experts and Assessors, Part 36 Offers to settle and payments into court, Part 45 Fixed Costs and Pre-Action Protocol in respect of Low Value Personal Injury claims in Road Traffic Accidents
Amendments are made in respect of reforms to the handling of low value personal injury claims, and the costs incurred. The amendments both provide for fixed costs in relation to medical reports obtained pursuant to, and deal with offers to settle in respect of, low value soft tissue personal injury claims (whiplash injuries) started under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. The Protocol defines both “fixed cost medical report” and “soft tissue injury claim”.
Amendments to Part 36 are made in respect of those claims which are started under the Protocol but which are no longer subject to it and instead are pursued in court. Amendments to Part 45 detail the costs allowed for certain medical reports. Amendments further provide that no fee shall be allowed for the costs of obtaining a medical report from a medical expert who has provided treatment or is associated with an expert who has provided treatment. The amendments apply to soft tissue injury claims started under the Protocol where the Claim Notification Form is sent in accordance with the Protocol on or after 1 October 2014.
PD51I The County Court at Central London Multi-Track pilot scheme
A Practice Direction is introduced setting out a pilot scheme allowing the automatic transfer of certain cases issued in the County Court Money Claims Centre (based in Salford) and the County Court Business Centre (based in Northampton) to the County Court at Central London (CCCL). Those cases that are provisionally allocated to the Multi-Track which would usually be sent to one of 16 courts in the London area for case management will be sent directly to the CCCL.
Part 52 Appeals
A general provision governing the power to direct that a transcript be obtained at public expense for the purpose of an appeal is included in CPR Part 52. A respondent as well as an appellant may apply for a transcript. The exercise of the power will be subject to a “financial need” condition, and the exercise of the power will be subject to a further condition that the court is satisfied that it is necessary in the interests of justice for such a transcript to be obtained. This amendment corrects the inconsistencies in rules covering appeals in the Court of Appeal, High Court and County Court.
Rules are amended to clarify where applications for permission to appeal should be made where permission to bring judicial review proceedings and permission to appeal that decision has been refused by the Upper Tribunal. Amendments are also made to reflect different time limits allowed for appeal and to define the point at which the time for making an appeal starts.
Amendments are made in consequence of amendments to the Extradition Act 2003 made by the Anti-social Behaviour, Crime and Policing Act 2014 transferring from the Civil Procedure Rule Committee to the Criminal Procedure Rule Committee the power to make rules governing the procedure on extradition appeals to the High Court. The rules in respect of rights of appeal to the High Court against orders approving or refusing extradition made in the magistrates’ court or by the Secretary of State are omitted.
Part 54 Judicial Review and Statutory Review
A correction is made to reinstate words omitted from Statutory Instrument 610/2014 in relation to the establishment of the Planning Court.
Part 57 and PD57B Probate and Inheritance
Amendments are made to provide for a new court based procedure enabling those left behind when a person disappears to obtain a declaration from the High Court that the missing person is to be deemed to have died.
The High Court will make the declaration if it is satisfied that the missing person has died or has not been known to be alive for a period of at least seven years.
In consequence of amendments to s.4 of the Inheritance (Provision for Family and Dependents) Act 1975 the rules have been amended to provide that nothing should prevent a claim under the 1975 Act being commenced before the grant of probate or letters of administration in respect of the deceased’s estate have been granted.
Part 65 and PD65 Proceedings relating to anti-social behaviour and harassment
Amendments are made to cater for a new form of injunction which will replace most of the existing orders and injunctions. The amendments to PD65 Paragraph 1A.1 shall not come into force until the date upon which section 18 of the Crime and Courts Act 2013 comes into force.
PD67 Proceedings relating to solicitors
An amendment is made to reflect the current practice within the Costs Office whereby parties are not required to file or serve evidence in non contested applications for detailed assessment of solicitors’ bills, as between the solicitor and the client.
Part 81 Contempt and Committal
The Independent Police Complaints Commission is added to those bodies that may make certifications to the High Court following a failure to disclose information from a third party.
Part 83 and PD83 Writs and Warrants – General Provisions
Amendments are made to correct the omission of Chancery Chambers in the list of jurisdictions that can issue writs of control and execution. Amendments are also made to correct an unintended consequence in relation to warrants and writs that contain both taking control of goods – essentially seizing and selling – elements, and non-taking control of goods elements (hybrid warrant or writ). The unintended consequence allowed an Enforcement Officer to levy on certain elements of a hybrid warrant or writ at any time. Restrictions are usually imposed as to the times or days on which an Enforcement Officer may seek execution on non-hybrid warrants or writs.
Pre-Action Protocol for Judicial Review
The email address to which public bodies should send the letter before claim in an Immigration, Asylum or Nationality case is amended with immediate effect.
74th Update coming into force 30 July 2014
PD2C Starting proceedings in the County Court
Following the introduction of the Single County Court a practice direction is introduced to assist court users in deciding where to start proceedings.
73rd Update coming into force 5 June 2014
The 73rd Update to the Civil Procedure Rules comes into force on 5 June 2014.
Part 3 The Court’s Case Management Powers
Rule 3.8 is amended to provide that parties may agree, in writing, to an extension of time, up to a maximum of 28 days without an application to the court. The parties may not make such an agreement, if the court has ordered that such an agreement cannot be made, or if any extension of time agreed puts the hearing date at risk. Amendments are also made to Practice Directions 28 and 29.
Part 54 Judicial Review and Statutory Review
Rule 54.22(3) provides that specialist planning judges to deal with significant Planning Court claims will be nominated by the President of the QBD.
The 72nd Update to the Civil Procedure Rules came into force on 22nd April 2014. The amendments to the practice directions are now available and can be seen at:
Practice Direction Making Document
Please note: Statutory Instrument 2014 No. 610 (Planning Court)
Please note that there is an error in Statutory Instrument SI 2014 No.610 (Planning Court). In Rule 54.21(2)(ix)the words 'considers appropriate' have been omitted the rule should read:
(ix) any other matter the judge appointed under rule 54.22(2) considers appropriate; and
This is omission is being rectified by a correction slip.
72nd Update coming into force 22 April 2014
The 72nd Update to the Civil Procedure Rules comes into force on 22nd April 2014.
Part 3 The Court’s Case Management Powers
The rules are amended to provide clarification of the rules introduced in 2013 which extended the courts’ management powers in respect of costs. Cases to which cost management will apply and costs budgets are to be filed is more clearly defined and limited to Part 7 Multi-track claims except where the claim is valued at £10m or more. In other types of case the court will have the discretion to implement costs management and parties will be able to apply for costs management if it is deemed appropriate by the circumstances of the individual case.
Part 81 Applications and proceedings in relation to contempt of court
Amendments are also made to provide that certain permission applications in relation to committal for interference with the due administration of justice or in relation to committal for making a false statement of truth or disclosure statement can be made to any single judge of the High Court rather than only to a single judge of the Queen’s Bench Division. The amendment will assist the court in listing such applications in a timely manner.
Parts 5, 26, 45, 55, 66, 83-86, CCR Orders 1, 16, 28, 39 44 and 49
There are a number of amendments consequential on changes to the CPR in relation to enforcement and the implementation of the single County Court on the coming into force of provisions in Section 17 of, and Schedule 9 to, the Crime and Courts Act
The amendments for this update are contained in a Statutory Instrument. A practice direction supporting the amended will be published at a later date. Please note the transitional provisions in the Statutory Instrument.
71st Update coming into force 6 April 2014
The 71st Update to the Civil Procedure Rules introduces changes to establish a Planning Court specialist list, overseen by a judge nominated by the President of the Queen’s Bench Division. Planning cases of particular significance will be listed and heard in line with timescales set down in the attached Practice Direction.
The amendments for this update are contained in a Statutory Instrument and Practice Direction Making Document. Please note the transitional provisions in the Statutory Instrument.
70th Update coming into force 6 April 2014
The 70th Update to the Civil Procedure Rules introduces changes to implement s.64 of the Tribunals Courts and Enforcement Act 2007, which requires all enforcement agents to be certificated unless exempt under s.63.
The rules provide that applications for issue of a certificate to act as an enforcement agent must be made to the County Court Business Centre in Northampton. The hearing of the application and any complaint procedures will be held at one of the 25 nominated County Court hearing centres. The rules also provides for a complaints procedure, if an enforcement agent acts in a manner which no longer makes them fit to practice, the certificate can be cancelled or suspended by the court.
The amendments for this update are contained in a Statutory Instrument and Practice Direction Making Document.
Please note the transitional provisions in the Statutory Instrument.
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.