Notes to Accompany 6th April 2012 58th Update
Notes to Accompany 6th April 2012 58th Update
Introduction
The 58th Update to the Civil Procedure Rules introduces changes in a number of areas, the majority of which come into force on 19 March 2012.
Amendments have been made in relation to:
Part 2 is amended to include definitions of two new terms ‘designated money claim’ and ‘preferred court’. The first term defines a money claim issued in the county court under Part 7 to which no special procedures and the Rules apply. The second term is a county court specified by a claimant to which a designated money claim may be transferred in certain circumstances. Form N1 and accompanying notes have been amended.
Part 7 is amended to allow for the centralisation of the issue of money claims and further administrative functions up to hearing. Money claims will be processed at the County Court Money Claims Centre (CCMCC) in Salford and issued in the name of Northampton County Court. The CCMCC will also handle requests for judgment, defences and allocation questionnaires. Cases will be transferred out to the appropriate court if an oral hearing is required. Consequential amendments are made to: Parts 2, 3, 12, 13, 14, 23, 26 and 30 and Practice Directions 7A and 7D.
Part 23 is amended to allow for pre-action applications to be made in any county court where the claim is a designated money claim.
Part 26 is amended to allow the automatic transfer of cases from the County Court Money Claim Centre to a county court in specific circumstances. Further amendments are made to provide that the court will no longer automatically dispatch an allocation questionnaire to parties following the filing of a defence, unless a party is unrepresented.
Parts 71, 72, 73, and Schedule 1, CCR Order 27 and PD70 are amended to remove the obligation to issue applications for certain types of enforcement and Orders to Obtain Information for designated money claims issued at the CCMCC that have not subsequently been transferred out. For Orders to Obtain Information, Charging Orders and Third Party Debt Orders the application may be made court for the district in which the judgment debtor resides or carries on business. For Attachment of Earnings there is no longer a requirement to write to the court of judgment requesting transfer, the application may be filed in the appropriate court in accordance with CCR 27 Rule 3. Amendments are made to allow for the automatic transfer of proceedings from Northampton County Court to the relevant court in these circumstances. There is no change to the process for issuing warrants of execution.
A new Part containing rules about proceedings under the Terrorism Prevention and Investigation Measures Act 2011 is inserted: Part 80 Proceedings under the Terrorism Prevention and Investigation Measure Act 2011. The Act provides for the imposition of measures by way of TPIM notice on individuals whom the Secretary of State reasonably believes to be, or to have been, involved in terrorism-related activity. The new Rules modify other Parts of the CPR including the overriding objective (for the purposes of Part 80) by placing a duty on the court to ensure that information is not disclosed contrary to the public interest and by requiring that the overriding objective be read and given effect in a way which is compatible with that duty. A consequential amendment is made to Part 1. The Rules come into force on 14 December 2011.
The Automatic Orders Pilot Scheme (PD51B) is extended until 30 September 2012.
The Non-Disclosure Injunctions Information Collection Pilot Scheme (PD51F) is extended until 30 September 2012.
PD75 is amended to allow enforcement in the county court of various unpaid charges in respect of waste enforcement and littering offences. The provisions are limited to offences such as placement of waste receptacles, the offence of littering from a vehicle and offences relating to builder's skips, within London Boroughs. The amendments to the Practice Direction come into force on 6 April 2012.
Amendments are made throughout the CPR and accompanying material to remove references to HMCS and to substitute HMCTS to reflect the creation of the new Agency. Amendments are made to website addresses to reflect the rationalisation of government websites.
The Pre-Action Protocol for Judicial Review is amended to allow an alternative email option for sending claims to the UK Border Agency, and a change of the postal address for the receipt of claims is made.
A new protocol, Pre-Action Protocol for Claims for Damages in relation to the physical state of commercial property at termination of a tenancy (The ‘Dilapidations Protocol’), is introduced and a consequential amendment to the Pre-Action Conduct Protocol is made. The PAP came into force on 1 January 2012.
The Practice Direction Insolvency Proceedings has been revised and comes into force on 23 February 2012.
Please notePart 65 - Proceedings relating to Anti-social Behaviour and Harassment Amendments made to Part 65 in the 55th Update (April 2011) in relation to gang-related violence injunctions in respect of persons aged 14-17 came into force on 9 January 2012 under SI 2011 No. 3016 The Crime and Security Act 2010 (Commencement No.4) Order 2011.
Rules
- Part 1
- Text substituted in rule 1.2(b)
- Part 2
- New text inserted in rule 2.3(1)
- Part 3
- New text inserted in table of contents
- New text inserted after rule 3.5
- Part 12
- New text inserted in table of contents
- New text inserted after rule 12.5
- Part 13
- Text omitted in rule 13.4(1)(c)
- New text inserted after rule 13.4(1)
- Part 14
- New text inserted in table of contents
- New text inserted after rule 14.7
- Text substituted in rule 14.12(2)
- Text omitted in rule 14.12(2)(c)
- Text in parenthesis after rule 14.12(2) omitted
- New text inserted after rule 14.12(2)
- Text substituted in rule 14.12(3)
- Text substituted in rule 14.13(3)
- Text omitted in rule 14.13(3(c)
- New text inserted after rule 14.13(3)
- Text in parenthesis after rule 14.13(3) omitted
- Part 23
- Text substituted in rule 23.2(4)
- New text inserted after rule 23.2(4)
- Part 26
- New text inserted in the table of contents
- New text inserted in heading to rule 26.2
- New text inserted in rule 26.2(1)
- Text omitted in rule 26.2(1)(c)
- New text inserted after rule 26.2
- Text substituted in rule 26.3(1)
- New text inserted after 26.3(1)
- Text substituted in rule 26.3(2)
- Text substituted in rule 26.3(3)
- Text substituted after rule 26.3(4)
- Text substituted in rule 26.3(6)
- Part 30
- Text omitted in rule 30.1
- Part 71
- Text substituted in rule 71.2(2)(b)
- Part 72
- Text substituted in rule 72.3(1)(b)
- Part 73
- Text substituted in rule 73.3(2)(b)
- Text substituted in rule 73.3(2)(c)
- Text substituted in rule 73.3(2)(d)
- New text inserted after rule 73.3(2)(d)
- Part 80
- Insert new part
Practice Directions
- Practice Directions 2A
- New text inserted in paragraphs 3.3
- Text substituted in footnote 1 to paragraphs 3.3
- Practice Directions 4
- Text substituted in paragraphs 4.3
- Practice Directions 5B
- Text substituted in paragraph 2.1(1)
- Text substituted in 2.1(2)
- Text substituted in paragraph 4.4
- Text substituted in paragraph 4.5
- Text substituted in paragraph 4.6
- Text substituted in paragraph 4.7
- Text substituted in paragraph 5.1
- Text omitted in paragraph 5.2
- Text substituted in paragraph 5.2(1)
- Practice Directions 5C
- New text inserted in paragraph 2.1
- New text inserted in paragraph 2.2
- New text inserted in paragraph 3.1
- New text inserted in paragraph 3.2
- New text inserted in paragraph 4.2
- New text inserted in paragraph 6.1(a)
- Text substituted in paragraph 7.4
- New text inserted in paragraph 11.3
- Text substituted in paragraph 11.3
- Text substituted in paragraph 12
- New text inserted in paragraph 13.2
- New text inserted in annex to the PD
- Practice Directions 7A
- New text inserted in table of contents
- New text inserted after paragraph 4.2
- Practice Directions 7C
- New text inserted in paragraph 1.1
- New text inserted in paragraph 4.2
- Practice Directions 7D
- Text substituted in paragraph 2.2
- Practice Directions 7E
- New text inserted in paragraph 1.2
- New text inserted in paragraph 2
- New text inserted in paragraph 3.1(3)
- Text omitted in paragraph 3.2
- New text inserted in paragraph 3.2
- Text substituted in paragraph 5.1
- New text inserted in paragraph 5.6
- Practice Directions 23A
- New text inserted in paragraph 6.10(1)
- Text omitted in paragraph 6.10(1)
- Practice Directions 32
- New text inserted in paragraph 29.1
- Text omitted in paragraph 29.1
- Practice Directions 51B
- Text substituted in paragraph 1.1B(1)
- Practice Directions 51F
- Text substituted in paragraph 2
- Practice Directions 52
- Text in parenthesis before Table 1 omitted
- Practice Directions 55B
- Text substituted in paragraph 1.2(1)
- New text inserted in paragraph 3.1
- New text inserted in paragraph 4.1(3)
- New text inserted in paragraph 4.2
- New text inserted in paragraph 6.1(2)
- New text inserted in paragraph 7.1(2)(b)
- New text inserted in paragraph 11.2(2)
- New text inserted in paragraph 12.1
- New text inserted in paragraph 13.2(2)
- Practice Directions 70
- New text inserted after Table of contents
- New text substituted in paragraph 2.1
- New text substituted in paragraph 2.2
- Text inserted after paragraph 7.2
- Practice Directions 75
- New text inserted in paragraph 1.1(10)
- Text inserted after paragraph 1.1 (10)
- Text omitted in 1.2 (10)
- Text substituted in 1.2(11)
- New text inserted after 1.2(11)
- Text omitted in paragraph 1.3(2)(f)
- Text substituted in paragraph 1.3(2)(g)
- Text inserted after paragraph 1.3(2)(g)
- Text omitted in paragraph 1.3(3)(j)
- Text substituted in paragraph 1.3(3)(k)
- Text inserted after paragraph 1.3(3)(k)
- Text omitted in paragraph 4.1(1)(d)
- Text inserted after paragraph 4.1(1)(f)
- Text omitted in paragraph 5.1(2)(a)
- Text substituted in paragraph 5.1(2)(b)
- Text inserted after paragraph 5.1(2)(b)
- Text omitted in paragraph 7.1
- Text omitted in paragraph 7.2
Schedule 2
- CCR O.27
- Text substituted in Rule 3(1)
- Text substituted in Rule 3(2)
- Text substituted in Rule 3(3)
- New text inserted after Rule 3(3)
Other Practice Directions
- Practice Direction – Insolvency Proceedings
- Revised practice direction inserted
Pre Action Protocols
- Practice Direction – Pre-Action Conduct
- New text inserted in table in paragraph 5.2
- Pre-Action Protocol for Judicial Review
- Text substituted in Annex A, section 2
- Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
- Text substituted in paragraph 1.3
- Text omitted in paragraph 1.3
- Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the ‘Dilapidations Protocol’)
- New protocol inserted
Forms
The following forms are amended
N1 Claim form (Part 7)
N1A Notes for Claimant
N149 Allocation Questionnaire (Small Claims Track)
N161 Appellant’s notice (All appeals except small claims track appeals)
N161A Guidance notes on completing N161. Appellant’s notice (all appeals except small claims track appeals)
New form is made available.
N161C Guidance notes on completing N161. Appellant’s notice for appeals relating to deduction orders