Procedure rules
Civil
[This page was last updated on 11th January 2012]
Updates
58th Update 6 April 2012
The 58th Update to the Civil Procedure Rules introduces changes in a number of areas. The amendments to the Rules are contained in two Statutory Instruments. The first contains Rules for implementation of the Terrorism Prevention Implementation Act 2011; the provisions came into force on 14 December 2011. The second contains Rules to facilitate the processing of work through the County Court Money Claims Centre and come into force on 19th March 2012. Amendments contained in the Practice Direction Making Document come into force on various dates.
Please note:
Part 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.
Part 2 Application and interpretation of the Rules
Amendments are made to Part 2 to include definitions of two new terms “designated money claim” and “preferred court”. The first term “designated money claim” defines a money claim issued in the county court under Part 7 to which no special procedures under the Rules apply. The second term “preferred court” is a county court specified by a claimant to which a designated money claim may be transferred in certain circumstances. The changes are made in relation to the setting up of the County Court Money Claims Centre.
Part 7 How to start proceedings – the claim form
Amendments are made to facilitate the processing of all designated money claims at the County Court Money Claims Centre The Centre situated in Salford will manage the early stages of the claims including admissions, default judgments, acknowledgement of service, defences and allocation questionnaires. Consequential amendments are made to Parts 2, 3, 12, 13, 14, 23, 26 and 30 and Practice Directions 7A and 7D.
Part 23 Applications
Amendments are made to allow for pre-action applications to be made in any county court where the claim is a designated money claim.
Part 26 Case Management – Preliminary Stage
Amendments are made to the transfer provisions to allow the automatic transfer of cases from the County Court Money Claims Centre to a county court in specific circumstances.
Part 26 Case Management – Preliminary Stage
Amendments are made to provide that the court will no longer automatically dispatch an allocation questionnaire to parties following filing of a defence, unless a party is unrepresented.
Part 80 Proceedings under the Terrorism Prevention and Investigations Measures Act 2011
A new Part is inserted containing Rules about proceedings under the Terrorism Prevention and Investigation Measures 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 the Rules 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 (for the purposes of Part 80).
PD2A Court Offices
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. Amendments are made to practice directions 2A, 5B, 5C, 7C, 7E, 23A, 32, 52,55B, PAP for Low Value Personal Injury Claims in Road Traffic Accidents.
PD51B Automatic Orders Pilot Scheme
The pilot scheme is extended until 30 September 2012.
PD51F Non-Disclosure Injunctions Information Collection Pilot Scheme
The pilot scheme is extended for a period of two months to 30 September 2012.
Pre-Action Protocol for Judicial Review
Amendments are made to allow an alternative email option of sending claims to the UK Border Agency, and a change of the postal address for receipt of claims is made.
Pre-Action Protocol for Claims for Damages in relation to the physical state of commercial property at termination of a tenancy (The “Dilapidations Protocol”)
A new protocol is introduced. There is a consequential amendment to the Pre-Action Conduct Protocol.
Changes to 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
N161C Guidance notes on completing N161 Appellants notice for appeals relating to deduction orders
Preview
You can preview the rule changes in this amendment by viewing The Civil Procedure (Amendment No.3) Rules 2011 Statutory Instrument 2011 No. 2970 (L. 21) (opens new window) and The Civil Procedure (Amendment No. 4) Rules 2011 Statutory Instrument No. 3103 (L.23) (opens new window). You can also view the Practice Direction and Pre-Action Protocol amendments by viewing the Practice Direction making documents (PDF - opens new window).
56th and 57th Update October 2011
The 56th Update to the Civil Procedure Rules contained only one amendment which was an extension of the Automatic Orders Pilot (Practice Direction 51B) to 30 September 2011. The pilot has been extended again in the 57th Update to 31 March 2012.
The 57th Update to the Civil Procedure Rules introduced changes in a number of areas. Amendments came into force on 1 October 2011 with the exception of:
Amendments to Part 6 that allow service of documents on a solicitor acting for the defendant, where the business address for service of the solicitor is in Scotland or Northern Ireland, came into force on 1 September 2011;
A minor amendment to Part 79 to correct an error came into force on 1 September 2011; other amendments came into force on 1 October 2011;
Amendments to PD7C, PD7E, PD55B and consequential amendments to Part 6 relating to the address for service to be used for claims issued through the electronic issue of claim schemes came into force on 1 September 2011;
Practice Direction 51F – Non-disclosure injunctions information collection pilot scheme which came into force on 1 August 2011; and
Practice Direction - County Court Closures which came into force on 6 August 2011.
Please note:
Statutory Instrument 2011 No. 1402 The Patents County Court (Financial Limits) Order 2011 came into force on 14 June 2011. The Order sets out the financial limits in relation to proceedings in England and Wales within the special jurisdiction of a patents county court.
Part 6 Service of Documents
Amendments were made to rectify an omission in the Rules which did not make explicit provision for circumstances where a solicitor, whose business address is in Scotland and Northern Ireland, is instructed to accept service of the claim form on behalf of the defendant.
Practice Direction 7C – Production Centre
Practice Direction 7E – Money Claim Online
Practice Direction 55B – Possession Claims Online
Amendments were made to restore the ability of claimants in Scotland and Northern Ireland to use the bulk centre and other electronic claims processes. Where claims are issued through the online systems Court Production Centre, Money Claim Online and Possession Claims Online the claimant must give an address for service in the United Kingdom and the defendant must give an address for service in England and Wales. Consequential amendments were made to Part 6. These changes came into force on 1 September 2011.
Practice Direction 27 – Small Claims Track
Amendments were made to increase the amount that may be recovered for loss of earnings or leave due to attendance at court for small claim hearings. The amount was increased from £50 to £90 per day.
Part 36 Offers to settle and payments into court
Amendment were made to clarify the meaning of “more advantageous” and “at least as advantageous” in relation to any money claim or money element of a claim where the court is required to determine whether a judgment equals or betters an offer to settle.
The Costs Practice Direction supplementing Parts 43-48
Minor amendments were made to streamline the process and minimise work and costs incurred in litigation about estates.
Further amendments were made to increase the rates that litigants in person can recover for financial loss through spending time on legal work. The rate was increased from £9.25 to £18.00.
Practice Direction 51B – Automatic Orders Pilot Scheme
The pilot scheme has been extended until 31 March 2012.
Practice Direction 51D - Defamation Proceedings Costs Management Scheme
The pilot scheme has been extended for a further year until 30 September 2012. Amendments were also made to clarify that only future costs are being approved, the approved budget is not a detailed assessment made in advance and an approved budget only impacts upon assessment on the standard basis. Form Precedent HA has been amended.
Practice Direction 51E – County Court Provisional Assessment Pilot Scheme
The pilot scheme has been extended until 30 September 2012 to allow collection of further data and refinement of procedures.
Practice Direction 51F - Non-disclosure injunctions information collection pilot scheme
A new pilot scheme provides for the recording of statistical data in relation to certain non-disclosure injunctions and the transmission of data to the Ministry of Justice. The Practice Direction came into force on 1 August 2011.
Practice Direction 51G - Costs Management in Mercantile Courts and the Technology and Construction Courts
A costs management pilot similar to that currently running in relation to defamation claims was introduced. The pilot allows for the monitoring and assessment of the effectiveness of costs budgeting.
Practice Direction 52 – Appeals
Amendments were made to allow High Court appeals against decisions on fitness to practise for health care professionals to be by way of full hearing rather than a review.
Practice Direction 64B – Applications to the court for directions by trustees in relation to the administration of a trust
The amendments provided that all applications by trustees or executors for directions as to whether or not to bring or defend proceedings (Beddoe applications) will be disposed of without an oral hearing in the first instance; any request for an oral hearing must be stated in evidence giving the reasons why.
Part 79 Proceedings under the Counter-Terrorism Act 2008 and Part 1 of the Terrorist Asset-Freezing etc. Act 2010
Amendments were made that omit the obligation to file and serve material which the disclosing party does not rely upon but which adversely affects the other party’s case (i.e. it is inculpatory material which the disclosing party does not wish to rely upon in the proceedings). A drafting error has also been corrected.
Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
Amendments were made to the pre-action protocol to make it clear what information should be contained in documents sent to the court for an assessment of the value of damages.
Practice Direction - County Court Closures
A new practice direction was introduced to regulate the transfer of work from courts prior to their closure and to facilitate the listing of hearings that will take place after the closure date of the court. The Practice Direction came into force on 6 August 2011.
CPR Index
An html CPR index is available which incorporates 57th update changes. Should you have any comments about the web index we'd appreciate your feedback.
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.
HMCTS launched a new-look website which has resulted in changes to many of its links. If you bookmarked any forms prior to 30 January you will need to re-mark them.