GUIDANCE NOTES FOR THE 41st UPDATE DUE TO PUBLISH APRIL 2006 |
Coming into force |
All of the amendments included in this update will come into force on 6th April 2006, with the following exceptions:
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1 January 2006 PD 47 - Section 49A and PD - Civil Recovery Proceedings Any queries with regard to these (1st January) amendments should be addressed to the Assets Recovery Agency ( www.assetsrecovery.gov.uk).
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1 April 2006 PD 23B - Pilot Scheme for telephone hearings PD 65 - Anti-Social Behaviour and Harassment
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Introduction |
The 41st Update to the Civil Procedure Rules introduces changes in a large number of areas.
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Rule 2.1 is amended to ensure the provisions of the Adoption and Children Act 2002 will be dealt with correctly by the courts, i.e. by subjecting them to Family Procedure (Adoption) Rules 2005 rather than the CPR.
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Rules 6, 55 and 75 are amended to allow parties to use equivalent services as well as first class post for service of documents.
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Rule 16 is amended to ensure that, in a claim for a specified sum, a claimant includes interest in the statement of the total sum he wishes to claim on the face of the claim form.
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A new Part 20 and PD 20 replace the current Part 20, altering the current Part 20 terminology.
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Rule 25 is amended in line with the European Intellectual Property Directive.
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Rule 30.5 is amended to clarify that only a judge dealing with cases on a specialist list may transfer cases to or from that list.
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Rule 40.2 is amended to set out information which should be recorded in an order or judgment given at a hearing where permission to appeal is requested.
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Rule 44.16 is amended in line with alterations to CFA regulations.
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Part 52 and PD52 are subject to a number of different and important amendments consequential to a review of that part, including:
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A change in wording in 52.3(6) designed to emphasise the court's discretion in granting permission to appeal. It is intended that this discretion be particularly exercised when the court considers the issue of the proportionality of an appeal.
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The extension of the time limit for applying for permission to appeal from 14 to 21 days, and further amendments designed to emphasise the court's discretion in extending or abridging this time.
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Part 54 Section III is amended to improve service and representation provisions.
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Part 63 is amended so that all cases under that part are automatically allocated to the Multi-track.
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PD4 is amended to update references to CPR forms.
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PD5B (and subsequently PD52 15.1A) is amended to make further provision for filing via email in the Civil Appeals Office.
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PD22 and PD32 are amended to make provision for circumstances where individuals are unable to read or sign documents containing a statement of truth.
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PD23B is amended to extend the period of the telephone hearings pilot to 1st October 2006, and to make provision for it to be extended to further county courts.
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PD26 is amended to reflect the new form of small claims allocation questionnaire.
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PD43 - 48 (Costs Practice Direction) is amended in the following ways:
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Section 20 is amended consequential to revocation of the Conditional Fee Agreements Regulations 2000 and the Collective Conditional Fee Agreements Regulations 2000;
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Section 21 is amended in line with amendments made by the Community Legal Service (Costs Protection) (Amendment) Regulations 2005-12-16;
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Section 32 and Section 57 are amended consequential to revocation of the Conditional Fee Agreements Regulations 2000, the Collective Conditional Fee Agreements Regulations 2000, and the revocation of the Access to Justice (Membership Organisation) Regulations 2005; and
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A new Section 49A is added in line with amendments to the Civil Recovery Proceedings PD (below).
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PD63 is amended consequential upon Council Directive (EC) 2004/48 on the enforcement of intellectual property rights.
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PD65 is amended to extend the pilot scheme under section 85 of the Anti-Social Behaviour Act 2003.
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Practice Direction - Proceeds of Crime Act 2002 Parts 5 and 8: Civil Recovery is subject to numerous amendments in line with recent amendments to the Proceeds of Crime Act 2002 and the making of regulations under that Act.
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Practice Direction - Protocols and most other Pre-Action Protocols have been amended to further encourage litigants to consider methods of alternative dispute resolution.
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