Notes to Accompany 6th April 2010 51st Update

Commencement Date

All the amendments in this update came into force on 6 April 2010 with the following exceptions:

Amendments to Part 52 Appeals in relation to the Asylum and Immigration Tribunals which came into force on 15 February 2010.

Amendments in respect of the commencement of Lugano convention which came into force on 1 January 2010 and 10 January 2010 for the rules and practice directions respectively.

Practice Direction 5C Electronic Working Scheme which came into force 1 April 2010.

Introduction

Part 2 Application and Interpretation of the Rules

The definition of legal representative and authorised person are amended as a consequence of the Legal Services Act 2007, however there is no change to the class of persons authorised. There are a number of changes in Part 2, Part 6, Part 48 and PD32.

PD5C Electronic Working Scheme

Following an earlier pilot, a practice direction is introduced to allow for the electronic submission of claims and subsequent steps in the following jurisdictions: Admiralty, Commercial and London Mercantile Courts, The Technology and Construction Court, Chancery Division of the High Court, including Bankruptcy, Companies and Patents courts. Consequential amendments are made to Part 2, and Part 7. PD51C which sets out the pilot scheme has been revoked.

Part 6 Service of Documents

Amendments are made in order to comply with the EU Services Directive (2006/123/EC) to allow for service of documents on a party's legal representative who is qualified to practise in England and Wales but is based in another EEA state. Consequential amendments are also made to PD6B and PD42.

PD23A Applications

Amendments are made to extend by two days the time by which documents are filed at court. Further amendments are made to increase the time for filing an application notice and for service of the notice where there is a telephone hearing.

PD43-48 Costs PD

Amendments are made to include email and other electronic communications in the definition of ?communications? and consequently an allowance for them under charges for work done by solicitors; at the court's discretion an allowance for the time spent in preparation of electronic communications other than emails; removal of the necessity to provide a detailed costs estimate in fast track cases at allocation to track; and removing the need to file documents with a request for detailed assessment of costs. Amendments are also made to reflect revocation of the Conditional Fee Agreements Regulations 2000 including disclosure of the relevant details of a conditional fee agreement to enable the court to determine the level of risk undertaken by the solicitor.

Part 52 Appeals

Amendments are made to implement the new unified Tribunal structure as set out in the Tribunals Courts and Enforcement Act 2007, the Asylum and Immigration Tribunal and its functions will be transferred to the First-tier Tribunal and will be heard by the Upper Tribunal and the Court of Appeal rather than the High Court. There are consequential amendments to PD52 and Part 54. PD54B is deleted. These amendments came into force on 15 February 2010.

PD52 Appeals

Amendments to the practice direction are made to allow for regulatory appeals against decisions of the Law Society or the Solicitors Disciplinary Tribunal involving solicitors and other legal professionals to be determined in the High Court. Amendments are also made to allow for a senior lawyer in the Civil Appeals Office to be designated Master and to take the lead in relation to quasi judicial functions carried out by Masters and Deputy Masters.

PD66 Crown Proceedings

The annex to PD 66 setting out the list of solicitors acting for different government departments and on whom service is to be effected is substituted.

PD70 Enforcement of Judgments and Orders

Amendments are made to allow a High Court Enforcement Officer to file an award, register an award and issue enforcement process on behalf of an applicant who wishes to enforce Employment Tribunal and Employment Appeal Tribunal awards.

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property

Under the protocol lenders are obliged to consider postponing possession proceedings should the borrower be entitled to financial support under the various support schemes listed in the protocol. The protocol has been amended to include a further scheme in the list.

Practice Directions

Amendments are made to Part 6, 12, 25 and 74 and PD12 and 74 as a consequence of the commencement of the new version of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. These amendments came into force on 1 January 2010 in respect of Parts 6, 12, 25 and 74 and on 10 January 2010 in respect of PD12 and 74. Amendments are made to the following: Parts 5?10, 14?16, 19, 27, 30, 32, 34?36, 40?41, 44?48, 51?52, 55?78, RSC 45, 46, 54, 79 and 109; Practice Directions: 12 and 74.

Changes to forms

N471 is introduced

N123, N251, N258A and N434 are amended

Rules

Part 2
New text substituted in Rule 2.3(1)
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Part 5
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New text substituted in Rule 5.4B(1)
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Part 6
New text substituted in Rule 6.2(d)
New text substituted in Rule 6.3(1)(b) and Rule 6.3(1)(d)
New text substituted in parenthesis below Rule 6.5(3)
New text inserted in Rule 6.6(1)
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New text substituted for Rule 6.7
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New text substituted in Rule 6.20(1)(b) and Rule 6.20(1)(d)
New text substituted in parenthesis below Rule 6.23(1)
New text inserted in Rule 6.23(2)(a)
New text substituted in Rule 6.23(5) and Rule 6.23(6)
New text substituted in parenthesis below Rule 6.26
New text inserted after Rule 6.31(i)
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New text inserted in Rule 6.33(3)
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New text substituted in Rule 6.36
New text substituted in Rule 6.37(1)(a) and Rule 6.37(2)
New text substituted in parenthesis below Rule 6.37(5)
New text substituted in first parenthesis below Rule 6.41
New text substituted in Rule 6.42(3) and in parenthesis below Rule 6.42(3)
New text substituted in Rule 6.43(2)(c)
Part 7
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New text substituted in Rule 7.2A
New text substituted in Rule 7.4(3)(a) and Rule 7.4(3)(b)
New text substituted in Rule 7.10(2)
New text substituted in Rule 7.10(3)
New text inserted after Rule 7.12
Part 8
New text substituted in third parenthesis below Rule 8.2
New text substituted in first parenthesis below Rule 8.3
Part 9
Text in parenthesis below Rule 9.2(c) omitted
Part 10
New text substituted in Rule 10.3(2)(c)
Part 12
New text inserted in Rule 12.11(4)(a)
New text inserted after Rule 12.11(6)(e)
Part 14
New text substituted in Rule 14.1A(2)
Part 15
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Part 16
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Part 19
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New text substituted in Rule 19.9A(4)(a)
New text substituted in parenthesis below Rule 19.11(1)
Part 25
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Part 27
New text substituted in Rule 27.4(3)(a)(ii)
New text substituted in Rule 27.14(2)(b), Rule 27.14(2)(e) and Rule 27.14(2)(f)
Part 30
New text substituted in Rule 30.1(2)
Text omitted in parenthesis below Rule 30.6
Part 32
New text substituted in Rule 32.8
New text substituted in Rule 32.16
Part 34
New text substituted in Rule 34.7(b)
New text substituted in Rule 34.8(6)(b)
New text substituted in Rule 34.22(a)
Part 35
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New text substituted in Rule 35.10(1)
Part 36
New text substituted in parenthesis below Rule 36.5(7)
Part 40
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New text substituted in parenthesis below Rule 40.18
Part 41
New text substituted in Rule 41.7
New text substituted in Rule 41.9(2)(b)
New text substituted in Rule 41.10
Part 44
New text substituted in Rule 44.3B(1)(d)(i)
New text substituted in parenthesis below Rule 44.7
New text substituted in first parenthesis below Rule 44.15(3)
New text substituted in parenthesis below Rule 44.17
New text substituted in Rule 44.19(3)(a)(i)
Part 45
New text substituted in parenthesis below Rule 45.1(2)
New text substituted in Rule 45.9(2)(a)
New text substituted in parenthesis below Rule 45.23
Part 46
New text substituted in first parenthesis below Rule 46.3(2A)
New text substituted in Rule 46.3(5)(b)
Part 47
New text substituted in parenthesis below Rule 47.1
New text substituted in parenthesis below Rule 47.3
New text substituted in parenthesis below Rule 47.4(1)
New text substituted in Rule 47.6(2) and in parenthesis below Rule 47.6(3)
New text substituted in parenthesis below Rule 47.9(3)
New text substituted in parenthesis below Rule 47.11(1) and in Rule 47.11(3)
New text substituted in parenthesis below Rule 47.12(4)
New text substituted in parenthesis below Rule 47.13
New text substituted in parenthesis below Rule 47.14
New text substituted in parenthesis below Rule 47.16(5)
New text substituted in parenthesis below Rule 47.19(2)
Part 48
New text substituted in parenthesis below Rule 48.3(1)
New text substituted in Rule 48.5(3)
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Part 51
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Part 52
New text substituted in table of contents
New text substituted in Rule 52.2 in the heading and Rule 52.2
New text substituted in Rule 52.3(1)(b)
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New text substituted in Rule 52.17(8)
Part 54
Text omitted in table of contents
New text substituted in Rule 54.6(2)
Text omitted all Section III
Part 55
New text substituted in Rule 55.3(3) and Rule 55.3(5)
New text substituted in parenthesis below Rule 55.4
New text substituted in Rule 55.13(1)(a)
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New text substituted in Rule 55.22(2) and Rule 55.22(3)(a)
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New text substituted in Rule 55.25(3)
Part 56
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Part 57
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New text substituted in Rule 57.16(4A) and Rule 57.16(5)
Part 58
New text substituted in Rule 58.1(2)
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Part 59
New text substituted in Rule 59.1(3) and Rule 59.1(3)(a)
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Part 60
New text substituted in Rule 60.1(2), Rule 60.1(2)(b), parenthesis below Rule 60.1(3) and Rule 60.1(5)(b)(i)
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Part 61
New text substituted in Rule 61.1(2)(i)
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New text substituted in Rule 61.4(5) and Rule 61.4(6)(a)
New text substituted in Rule 61.5(2), Rule 61.5(3)(b) and Rule 61.5(5)(a)
New text substituted in Rule 61.7(2)
New text substituted in Rule 61.8(2), Rule 61.8(4)(c) and Rule 61.8(4)(d)(i)
New text substituted in Rule 61.9(3)(a)(i)
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New text substituted in Rule 61.11(7), Rule 61.11(9) and Rule 61.11(9)(b)(a)
New text substituted in Rule 61.11(11)(a) and Rule 61.11(12)
Part 62
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New text substituted in Rule 62.7(4)
Part 63
New text substituted in Rule 63.1(1)(b)(iv)
Text omitted Rule 63.1(2)(i)
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New text substituted in Rule 63.13 and Rule 63.13(c)
Part 64
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Part 65
New text substituted in Rule 65.3(1) and Rule 65.3(2)(a)
New text substituted in Rule 65.14(2) and parenthesis below Rule 65.14(2)
Part 67
New text substituted in second parenthesis below Rule 67.1
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Text omitted in second parenthesis below Rule 67.3(1)
Part 68
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Part 69
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Part 70
New text substituted in Rule 70.2(1)
New text substituted in Rule 70.5(2A)(b), Rule 70.5(5) and Rule 70.5(8)
Part 71
New text substituted in Rule 71.2(3)
Part 72
New text substituted in Rule 72.3(2)(a)
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Part 73
New text substituted in Rule 73.3(4)(a)
New text substituted in Rule 73.10(5)
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New text substituted in Rule 73.22
Part 74
New text inserted after Rule 74.1(5)(e)
Text omitted in parenthesis below Rule 74.1(5)
New text inserted in Rule 74.2(2)(a)
New text inserted after Rule 74.3(1)(d)
New text substituted in Rule 74.4(6)
New text inserted in Rule 74.5(2)
New text substituted in Rule 74.6(3)(c)(ii)
New text inserted in Rule 74.8(1)
New text substituted in Rule 74.10(1) and Rule 74.10(2)
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New text inserted in rule 74.12(1)(d)
Part 75
New text substituted in Rule 75.1(1)
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Part 76
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Part 77
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Part 78
New text substituted in Rule 78.1(3)(a)

Practice Directions

Headings to Practice Directions have been renumbered for consistency

Practice Direction 2B
New text substituted in paragraph 11.1(a)
Practice Direction 3A
New text substituted in paragraph 5.1
New text substituted in paragraph 6.1
Practice Direction 4
New text substituted in paragraph 2.1
New text substituted in paragraph 3.2
Practice Direction 5B
New text substituted in paragraph 3.3
New text substituted in first parenthesis below paragraph 3.3A
New text substituted in second parenthesis below paragraph 3.3A
New text substituted in parenthesis below paragraph 5.2
Practice Direction 5C
New Practice Direction inserted
Practice Direction 6A
New text substituted in parenthesis below paragraph 1.1
Practice Direction 6B
New text substituted in parenthesis below paragraph 1.1
Text omitted in paragraph 7.1
Practice Direction 7A
New text substituted in parenthesis below paragraph 2.4
New text substituted in paragraph 3.5
New text substituted in parenthesis below paragraph 4.1
New text substituted in parenthesis below paragraph 5B.3
New text substituted in parenthesis below paragraph 6.2
New text substituted in parenthesis below paragraph 8.2
New text inserted in parenthesis below paragraph 8.2
Practice Direction 7C
New text substituted in paragraph 1.4(3A)
New text substituted in paragraph 1.4(4)
New text substituted in paragraph 1.4(4)(c)
Practice Direction 7E
New text substituted in paragraph 5.2A
New text substituted in paragraph 9.3(1)
Practice Direction 8
New text substituted in paragraph 4.1
New text substituted in parenthesis below paragraph 7.2
New text substituted in parenthesis below paragraph 7.4
Text omitted in paragraph 22.3
Practice Direction 10
New text substituted in parenthesis below paragraph 5.5
Practice Direction 12
New text substituted in parenthesis below paragraph 1.1
New text substituted in footnote (6) to paragraph 4.2(1)
New text inserted in paragraph 4.3(1)
New text inserted in paragraph 4.3(2)(b)
Text deleted in paragraph 4.3(2)(c)
New text inserted in paragraph 4.3(2)(c)
Practice Direction 15
New text substituted in parenthesis below paragraph 1.4
New text substituted in parenthesis below paragraph 2.3
New text substituted in parenthesis below paragraph 3.4
Practice Direction 16
New text substituted in parenthesis below paragraph 2.6
New text substituted in parenthesis below paragraph 4.4
New text substituted in parenthesis below paragraph 5.3
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New text substituted in paragraph 13.2
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Practice Direction 17
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Practice Direction 18
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Practice Direction 19A
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Practice Direction 20
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Practice Direction 21
New text substituted in paragraph 5.1(6)(c)
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New text substituted in paragraph 12
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Practice Direction 22
New text substituted in paragraph 1.3
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Practice Direction 23A
New text inserted in paragraph 4.1
Text omitted in paragraph 4.1
New text inserted after paragraph 4.1
New text inserted after paragraph 4.2
New text substituted paragraph 6.11
New text substituted paragraph 6.12
New text substituted paragraph 13.1
Practice Direction 24
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Practice Direction 25A
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New text substituted in Annex
Practice Direction 25B
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Practice Direction 26
New text substituted in paragraph 5.2
New text substituted in paragraph 8.2(2)
New text substituted in paragraph 9.2(2)
New text substituted in paragraph 10.3
New text substituted in paragraph 12.5(1)(a)
Practice Direction 26B - Pilot Scheme for Mediation in Central London County Court
PD Omitted
Practice Direction 27
New text substituted in paragraph 7.3(2)
New text substituted in paragraph 8.1
Practice Direction 28
New text substituted in paragraph 1.2
New text substituted in paragraph 3.7(2)
New text substituted in parenthesis below paragraph of Appendix headed ?Expert Evidence?
Practice Direction 29
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New text substituted in paragraph 3.1(1)(b)
New text substituted in paragraph 4.8(2)
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Practice Direction 30
New text substituted in paragraph 2
New text substituted in paragraph 6.2
Practice Direction 31
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Practice Direction 32
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Text omitted paragraph 9.1(2)
Text omitted footnote to paragraph 9.1(2)
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New text substituted paragraph 9.1(6)
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New text substituted in first parenthesis below paragraph 26.3
New text substituted in second parenthesis below paragraph 26.3
New text substituted in parenthesis below paragraph 28.1(2)
Practice Direction 34A
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Practice Direction 35
New text substituted in Annex, paragraph 13.5(ii)
Practice Direction 37
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Practice Direction 39A
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New text substituted in paragraph 1.7A
Practice Direction 40A
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Practice Direction 40B
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New text substituted in paragraph 11.1
New text substituted in paragraph 14.3
New text substituted in note (1) following paragraph 14.4
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Text omitted note (4) following paragraph 14.4
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Practice Direction 41A
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Practice Direction 41B
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Practice Direction 42
New text substituted in footnote 6 to paragraph 3.2
New text substituted in footnote 7 to paragraph 3.2
New text substituted paragraph 5.1
Practice Direction 43 ? 48
Title substituted
New text substituted paragraph 1.5
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New text inserted in paragraph 4.7(1)
New text substituted in paragraph 4.7(3)
New text inserted in paragraph 4.16(1)
New text substituted paragraph 4.16(2)
New text substituted in paragraph 4.16(6)
New text substituted in paragraph 6.4(1)(1)(a)
Text deleted in paragraph 6.4(1)(1)(b)
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New text inserted in paragraph 6.4(1)(2)
Text deleted in paragraph 6.4(1)(2)
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Text deleted paragraph 17.8(2)
New text inserted in paragraph 23.2A(1)
Text deleted in paragraph 23.2A(1)
New text inserted in paragraph 25A.6
Text deleted in paragraph 25A.6
New text substituted in paragraph 26.3(b)
New text inserted in paragraph 31.1A(1)
Text deleted in paragraph 31.1A(1)
New text substituted paragraph 31.1A(2)
New text substituted in paragraph 32.3
New text substituted paragraph 32.5
New text substituted in paragraph 35.7(2)
New text substituted in paragraph 39.1(1)
New text substituted in paragraph 39.1(2)
New text substituted in paragraph 39.1(3)
New text inserted after paragraph 39.1
New text substituted in paragraph 43.3(1)
New text inserted in paragraph 43.3(1)
New text substituted in paragraph 43.3(1)
Re-numbering of sub-paragraphs in 43.3(1)
New text substituted in paragraph 47.1
New text substituted in paragraph 56.2
New text substituted in paragraph 57.2
Practice Direction 49A
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Practice Direction 51A
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Practice Direction 51B
New text substituted in paragraph 2(2)
New text substituted in paragraph 2(4)
Practice Direction 51C - Electronic Working Pilot Scheme
PD Omitted
Practice Direction 51D
New text substituted in paragraph 2(1)
New text substituted in paragraph 2(3)
Practice Direction 52
New text substituted paragraph 1.1
New text substituted in paragraph 5.1A(2)
New text substituted in paragraph 5.1A(3)
New text substituted in paragraph 5.1B
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New text substituted paragraph 16.1
New text substituted paragraph 16.2
New text substituted paragraph 18.18
New text substituted paragraph 18.20
New text substituted paragraph 20.1
New text substituted for Table after paragraph 20.3
New text substituted paragraph 21.7(1)
New text substituted paragraph 21.7(4)
New text substituted paragraph 21.7(5)
Text omitted paragraph 21.7A
New text substituted paragraph 21.7B(1)
New text substituted paragraph 22.6B
New text inserted after Section IV
Practice Direction 53
New text substituted in paragraph 5.1(2)
Practice Direction 54A
Text omitted in parenthesis below paragraph 2.1
New text substituted in paragraph 5.3
New text substituted paragraph 6.2
New text substituted in paragraph 8.2
Practice Direction 54B - Applications for Statutory review under section 103A of the Nationality, Immigration and Asylum Act 2002
PD Omitted
Practice Direction 55A
New text substituted in paragraph 1.5
New text substituted in paragraph 10.8
Practice Direction 55B
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New text substituted in paragraph 8.3(2)
Practice Direction 58
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New text substituted in Appendix A, after ?Endorsement? in paragraph (1)
New text substituted in Appendix A, after ?Endorsement? in paragraph (5)(c)
New text substituted in Appendix A, after ?Endorsement? in paragraph (5)(d)
New text substituted in Appendix A, after ?Endorsement? in paragraph (5)(e)
Practice Direction 59
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Practice Direction 60
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Practice Direction 61
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Practice Direction 63
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Practice Direction 64A
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Practice Direction 64B
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Practice Direction 65
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Practice Direction 66
Annex 2 substituted
Practice Direction 67
New text inserted after paragraph 2.2
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Practice Direction 69
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Practice Direction 70
New text substituted in parenthesis below paragraph 1.2(1)
New text substituted in parenthesis below paragraph 2.4
New text inserted in paragraph 4.1
New text inserted after paragraph 4.1
Practice Direction 74A
Text deleted in paragraph 3(1)(c)
New text inserted in paragraph 3(1)(d)
New text inserted after paragraph 3(1)(d)
New text inserted in paragraph 3(2)
New text inserted after paragraph 6
New text inserted after paragraph 7.4
New text inserted in paragraph 9.4

Other Practice Directions

Practice Direction - Insolvency Proceedings
New text substituted in paragraph 10.5
New text substituted in paragraph 16.8
Text omitted in paragraph 17.2(2)
New text inserted in paragraph 17.2(2)
Text omitted in paragraph 17.4
New text inserted in paragraph 17.4
New text substituted in paragraph 17.4
Text omitted in paragraph 17.7
New text inserted in paragraph 17.7
New text substituted in paragraph 17.7
New text substituted in paragraph 17.22(1)(aa)
New text substituted in paragraph 17.22(8)
New text substituted in paragraph 17.23
Practice Direction - Directors Disqualification Proceedings
New text substituted in paragraph 17.1
New text substituted in paragraph 24.1
New text substituted in paragraph 35.2
Practice Direction - Civil Recovery Proceedings
New text substituted in paragraph 5.5
New text substituted in paragraph 5.5(1)
New text substituted in paragraph 5.5A
New text substituted in paragraph 7.3(2)
New text substituted in paragraph 7B.2

Schedule 1

RSC Order 45
New text substituted in Rule 2
New text substituted in Rule 12(1)
New text substituted in Rule 12(2)
New text substituted in Rule 12(3)
New text substituted in Rule 12(4)
RSC Order 46
New text substituted in Rule 8(3)
RSC Order 54
New text substituted in Rule 6(4)
New text substituted in Rule 10
Practice Direction RSC 54
New text substituted in paragraph 3.1
RSC Order 79
New text substituted in Rule 9(2)
New text substituted in Rule 9(6)
New text substituted in Rule 9(7)
New text substituted in Rule 9(10)
New text substituted in Rule 9(13)
RSC Order 109
New text substituted in Rule 4(4)
Practice Direction RSC 115
New text substituted in paragraph 8.1
New text substituted in paragraph 8.2

Pre Action Protocols

Practice Direction - Pre-Action Conduct
New text substituted in Annex C paragraph 1(2)
Pre-Action Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property
Text deleted in paragraph 4.1(3)
New text inserted paragraph 4.1(4)
Text deleted in paragraph 6.1(1)(b)
New text inserted in paragraph 6.1(1)(b)
New text inserted in paragraph 6.1(2)
New text inserted in paragraph 6.1(3)

Forms

New versions of N123, N251, N258A and N434 are made available

New form N471 is made available.

Ministry of Justice

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