Civil Procedure Rules

The Civil Procedure (Amendment No. 4) Rules 2015

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 51L New Bill of Costs Pilot Excel version of precedent

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:

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

Take Notice:

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.

Correction

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:

Forms N242A, N260, No. 89, No.91 and No.92 are amended.
Forms No.87, No. 88, and No. 90 are deleted.  

Take notice 

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.

Practice Direction and note

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

The Statutory Instrument

The Practice Direction Making Document

Part 6 Service of Documents

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:

http://eur-lex.europa.eu/legal-content/EN/ALL/? uri=CELEX:32012R1215 

and

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? uri=CONSLEG:2001R0044:20100514:EN:PDF

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 Statutory Instrument

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

The Practice Direction Making Document

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 Statutory Instrument

The Practice Direction Making Document

Please Note:  Practice Directions Amendments supplementing 72nd Update

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.

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.

Statutory Instrument

The Practice Direction Making Document (PDF)

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.

The Statutory Instrument 

The Practice Direction Making Document (PDF)

New forms: 

EAC1 Application for certificate to act as an enforcement agent

EAC2 Complaint against a certificate person

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.

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