Civil Procedure Rules
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.
Error - 69th Update coming into force April 2014
Please note that the amendments to PD3E (substitution of Precedent H) and PD22 Statement of Truth come into force on 22 April 2014 and not 6 April as stated.
Precedent H revised (PDF)
Precedent H revised (xls)
69th Update coming into force April 2014
The 69th Update to the Civil Procedure Rules introduces changes in a number of areas, the two main changes being the implementation of the single County Court and bailiff and enforcement reform. The amendments for this update are contained in a Statutory Instrument and Practice Direction Making Document.
Further amendments in relation to Certification of Enforcement Agents will be issued shortly. These changes will be included in the 70th Update to the CPR and will commence in April 2014.
The amendments to the rules in respect of the small claims mediation scheme come into force on 1 April 2014, rules in respect of bailiff and enforcement reform on 6 April 2014 and subject to parliamentary approval of the relevant secondary legislation need to give effect to the operation of the single County Court, the intention is to implement section 17(1) and (2) of the Crime and Courts Act 2013 on 22 April 2014. Please note the transitional provisions contained in the Statutory Instrument and Practice Direction Making Document.
The Crime and Courts Act 2013 established the single County Court by making provision for the removal of geographical jurisdictional boundaries from the county courts. The County Court will sit at various locations within England and Wales in a way similar to the High Court and will have a single seal and a single identity to indicate its national jurisdiction. The court houses in which it will convene will act as hearing centres with court administrative offices attached to them.
The introduction of the single County Court requires consequential amendments throughout the CPR, for example the renaming of individual county courts as County Court hearing centres, these amendments have not been itemised individually in this summary of the changes.
All claims issued at the County Court Money Claims Centre or at the renamed County Court Business Centre (including those issued online through Money Claim Online) will remain at the business centre of receipt up to the point where a hearing is required, or the claimant wishes to enforce a judgment other than by way of issue of a warrant. Restrictions on where particular types of claim may be issued, e.g. forfeiture claims are removed. However, if a claim has not been started in the appropriate County Court hearing centre, then, following issue, the claim or application will be sent or transferred to the appropriate hearing centre in accordance with the relevant rules and practice directions relating to those proceedings.
The Tribunal Courts and Enforcement Act 2007 unifies the law governing the activities of enforcement agents when taking control of and selling goods. It also modernises and unifies most of the terminology used in various pieces of legislation. Commencement of Part 3 of the Act has provided the opportunity to consolidate the majority of enforcement rules contained in Schedule 1 and 2 into the Civil Procedure Rules.
Part 2 Application and interpretation of the Rules, Practice Direction 2A – Court Offices, PD2B – Allocation of cases to levels of judiciary
The definition 'defendant’s home court' is revised in the context of the County Court to reflect the national jurisdiction, the address where the defendant resides or carries on business will determine the appropriate County Court hearing centre.
Similarly the definition of 'preferred court' is amended. The definition 'designated money claim' is removed as all money only claims made under Part 7 of the CPR will now be processed at one of the two business centres; cases will no longer be 'transferred' between county courts but will be sent between court offices.
The definition of 'judge' now reflects the amendment of section 5 of the County Courts Act 1984. These amendments reflect the commencement of the single County Court and the intended implementation date is 22 April 2014.
Consequential amendments in respect of the single County Court are made in Parts 3 and PD3C, PD4, PD5A, PD5C, PD7A, PD7B, PD7C, PD7E, PD8A, Parts 13, 14, PD19A, Part 23 and PD23A, PD25A, Part 26 and PD26A, Part 30 and PD 30, PD34A, PD37, Part 44, Part 47 and PD47, PD 49A, PD51A, PD52D, Part 55, PD55A and PD55B, PD56, Part 57 PD57, Part 60 and PD60, Part 61, Part 63 and PD63, Part 65 and PD65, Part 67, Part 70 and PD70, Part 71 and PD71, Part 72 and PD72, Part 73 and PD73, Part 74 and PD74A, PD74B, Part 75 and PD75, PD78, PD 81, PD: Directors Disqualification, PD Devolution Issues, CCR Order 27, Pre-Action Protocol for Construction and Engineering Disputes and Pre-Action Protocol for the Resolution of Clinical Disputes
PD3E – Costs Management
Precedent H is amended to include the statement of truth set out in PD22, 2.2A.
Coming into force 6 April 2014.
Precedent H (PDF)
Precedent H (xls)
Part 8 Alternative Procedure for Claims
The amendment provides that a claim in the county court under Part 8 may be commenced at any County Court hearing centre. (Intended implementation date 22 April 2014.)
Part 12 Default Judgment and Part 14 Admission
For those County Court claims where a request for judgment which includes an amount of money to be decided by the court is filed, the claim will be sent to the preferred County Court hearing centre. Intended implementation date 22 April 2014.
Part 16 Statements of case
Amendments are made to reflect changes to the High Court and County Court Jurisdiction Order 1991 which will provide that financial claims below £100,000 must be made in the County Court. PD7A is also amended. Intended implementation date 22 April 2014.
Part 21 Children and Protected Parties
This part is disapplied in respect of enforcement of specified debts by taking control of goods and applications in relation to such enforcement where one of the parties is a child. Coming into force 6 April 2014.
PD22 – Statement of Truth
The statement of truth to be used in verifying a costs budget is amended. Coming into force 6 April 2014.
Part 26 Case Management – Preliminary Stage and PD26 – Case Management – Preliminary Stage: Allocation and Re-allocation
The Small Claims Mediation pilot scheme set out in PD51I is made permanent and PD51I is omitted. Coming into force 1 April 2014.
Part 40 Judgments, Orders, Sale of Land etc
A number of provisions are moved to the CPR from the schedule rules in respect of stay of execution, variation of payment, County Court set off of cross-judgments, County Court certificate of judgment, and notification to the County Court of an order of the appeal court. Coming into force 6 April 2014.
Part 42 Change of Solicitor
Amendments are made to allow any person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act) to be entered on the court record. This reflects all those legal representatives who now have the right to conduct litigation, including legal executives, costs lawyers, patent attorneys, and trade mark attorneys. Coming into force 6 April 2014.
Part 45 Fixed Costs and PD45 Fixed Costs
An amendment is made to Part 45 to correct an omission, and the PD is amended to correct a cross reference. Coming into force 6 April 2014
PD51I The Second Mediation Service Pilot Scheme
The Practice Direction is revoked and the scheme is made permanent (see Part 26). Coming into force on 1 April 2014.
Part 52 Appeals
An amendment is made to provide that any order refusing permission to appeal will indicate the court to which any further application should be made and the level of judge who should hear the application.
A further amendment is made introducing a permission filter in respect of appeals to the High Court in respect of determinations or directions of the Pension Ombudsman.
Both amendments come into force on 6 April 2014.
Practice Direction 52B is amended to correct an error in Table A. Intended coming into force date 22nd April 2014.
Part 63 Intellectual Property Claims
An amendment is made to enable service to be effected on a UK address, in respect of a registered right in an Intellectual Property claim, where the address for service given for that right is in the appropriate register at the United Kingdom Patent Office or the Office for Harmonisation in the Internal Market. Coming into force 6 April 2014.
Part 70 and PD70 – Enforcements of Judgments and Orders
New rule 70.2A replaces RSC Order 45 rule 8. Amendments are made to the Practice Direction to reflect the new terminology in respect of writs and warrants. Coming into force 6 April 2014.
Part 74 Enforcement of judgments in different jurisdictions, Part 75 Traffic Enforcement and PD 75 – Traffic Enforcement, CCR Order 27 Attachment of Earnings and CCR Order 28 Judgment Summonses
Amendments are made consequential to the introduction of Parts 83 to 86. Coming into force 6 April 2014.
PD 81 Contempt and Committal
Amendments are made consequential to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, to provide that funding in cases of contempt is provided under criminal legal aid. Coming into force 6 April 2014.
Part 83 and PD 83 Writs and Warrants – General Provisions
A new part is introduced consolidating the High and County Court rules on enforcement contained in Schedule 1 and 2 and implementing changes brought about by the Tribunals Courts and Enforcement Act 2007. Coming into force 6 April 2014.
Part 84 and PD 84 Enforcement by Taking Control of Goods
A new part is introduced to bring into effect the Taking Control of Goods provision in the Tribunals Courts and Enforcement Act 2007. Coming into force 6 April 2014.
Part 85 Claims on Controlled Goods and Executed Goods
A new part consolidates the High Court and County Court rules on interpleaders in relation to goods taken into control, goods subject to a writ of execution and claims in relation to goods and exempt goods. Consequently RSC Order 117 and CCR Order 33 are omitted. Coming into force 6 April 2014.
Part 86 Stakeholder Claims and Applications
A new part consolidates the High Court and County Court rules in relation to competing claims against a person who is under a liability in relation to a debt or goods. Consequently RSC Order 117 and CCR Order 33 are omitted. Coming into force 6 April 2014.
RSC Orders 17, 45, 46, 47, and 113 are omitted. Practice Direction RSC 46 is omitted. Coming into force 6th April 2014.
CCR Orders 22, 24, 25, 26 and 33 are omitted. Practice Direction CCR 26 is omitted. Coming into force 6th April 2014.
N182 is introduced
Precedent H is amended.
Forms N5, N5B N42, 46, 48, 52, N88, N88(1), N89, N276, N277, N358, N359, N360, N362, N363, N364, N365, N434, N463, Nos 53, 55, 56, 57, 58, 59, 62, 63, 64, 65, 66A, 67, 68, 69 and 71; PF 23, 34, 25, 26, 27 and 97 will be amended or replaced.
68th Update came into force 1 January 2014
In the 68th update to the Civil Procedure Rules the amendments deal primarily with a rule change arising from the removal by section 11 of the 2013 Act of the presumption of trial with a jury in libel and slander cases, which leaves the judge with discretion (in common with that in most other civil proceedings) to order jury trial where it is appropriate to do so.
The rule change ensures that any application for the court to exercise its remaining discretion to order jury trial must be made at the first case management conference. Amendments are also made to the Practice Direction supporting the rules to reflect certain changes in terminology arising from the 2013 Act. Part 26 Case Management – Preliminary Stage and the Practice Direction supporting Part 3 Defamation Claims are amended
The Statutory Instrument
The Practice Direction Making Document (PDF)
No forms are amended.
67th Update came into force 13 November 2013
The 67th Update to the Civil Procedure Rules introduces a free-standing practice direction - Solicitors’ negligence in Right to Buy cases (transfer of existing and new claims to the Chancery Division and appointment of designated judge).
The Practice Direction came into force on 13 November 2013.
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.