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NOTES TO ACCOMPANY JANUARY 2002 26th SUPPLEMENT

Amendments to existing material are included as follows:

Rules

Part 2

Rule 2.3: in para (2), ‘relevant’ replaced by ‘rule or’

Part 5

Rule 5.2: in para (1)(b), sub-para (i) is omitted

Part 6

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 6.18: sub-para (g) replaced with new text; sub-para (h) ‘and’ deleted; after sub-para (i), new paras (j) and (k) inserted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 6.19: para (1)(a) ‘any part of the United Kingdom’ replaced with ‘any other part of the United Kingdom’. After rule 6.19(1), para (1A) and sub-paras (a) and (b) inserted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 6.20: cross-reference after para (15) deleted; after cross reference after para 17, new part 17A inserted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 6.21: new text inserted after para (4)

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 6.22: para (2) ‘or (1A)’ inserted after ‘6.19(1)’; ‘or Regulation State’ inserted after ‘Contracting State’; in para (4), ‘or (1A)’ inserted after ‘6.19(1)’

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 6.23: para (2) ‘or (1A)’ inserted after ‘6.19(1)’; ‘Regulation State’ inserted after ‘Contracting State’; in para (4), ‘or (1A)’ inserted after ‘6.19(1)’

Part 8

Rule 8.3: para (4) is deleted

Part 11

Rule 11: para (4)(a) replaced with new text; after rule 11(4), cross reference is deleted; para (5) ‘for filing a defence’ replaced by ‘specified in paragraph (4)’; para (9) replaced with new text; para (10) deleted

Part 12

Rule 12.10: para (b)(i), after 6.19(1) ‘or (1A)’ inserted; ‘under the Civil Jurisdiction and Judgments Act 1982¹⁸’ deleted; in para (b)(ii), ‘or Regulation State’ is inserted after ‘Convention territory’

Rule 12.11: para (4), sub-para (a) replaced with new text; in para (6), sub-para (a) replaced with new text; at end of sub-para (c), ‘and’ is deleted, and new sub-paras (e) and (f) inserted

Part 20

Rule 20.6: 1st para re-numbered (1); after para (1), new para (2) inserted

Part 22

Rule 22.1: para (1), at the end of sub-para (d), ‘and’ is deleted; at the end of sub-para (e), a new sub-para (f) is inserted

Part 25

Rule 25.10: sub-para (a), after ‘interim injunction ^(GL)’, new text inserted

Rule 25.13: paras (2)(a)(ii) and (b)(ii), after ‘Lugano Convention’, ‘or the Regulation’ is inserted

Part 26

Rule 26.3: after para (6), new para 6A inserted

Part 31

Rule 31.14: at the beginning, ‘(1)’ inserted; at the end of sub-para (c), ‘or’ inserted; at the end of sub-para (d), ‘; or’ replaced with full stop; sub-para (e) deleted; after para (1), but before the cross-reference, new para (2) inserted

Part 35

Rule 35.12: para (1), sub-paras (a) and (b) replaced with new text

Rule 35.14: para (2) replaced with new text; para (3), after ‘served with’ new text is inserted, and sub-paras (a) and (b) have been deleted

Part 37

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Rule 37.4: after rule 37.4, new rule 37.5 inserted

Part 40

Rule 40.2: para (1), at the end of sub-para (b), ‘or’ is deleted; at the end of sub-para (c), (d) and (e) have been added

Part 44

Rule 44.13: para (1) replaced with new text

Part 45

Rule 45.1: para (2)(a), after ‘sum of money’, new text inserted; at the end of para (2)(b), new text inserted; after para (2)(b), ‘and in either case the value of the claim exceeds £25’ deleted; new para (2)(c) inserted

Rule 45.6: after rule 45.5, new rule 45.6 inserted

Part 48

Rule 48.4: paras (2) and (3) replaced with new text

Rule 48.7: paras (3) to (6) renumbered (4) to (7)

Part 49

Rule 49: in para (2), sub-paras (a), (b), (c) and (e) deleted

Part 58: New part inserted

Part 59: New part inserted

Part 60: New part inserted

Part 61: New part inserted

Part 62: New part inserted

Part 70: New part inserted

Part 71: New part inserted

Part 72: New part inserted

Part 73: New part inserted

Practice Directions

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 6B: Para 1.1 replaced with new text. After para 1.3 new paras 1.3A, 1.3B and 1.3C inserted. In para 1.4, ‘1.1, 1.2 or 1.3’ replaced with ‘1.1, 1.2, 1.3, 1.3A, 1.3B or 1.3C’. In para 5.2, points (5) and (6) omitted, and point (11) inserted. In para 7.1, new text inserted at the end of para 7.1(1) and 7.1(2). Para 9.1 deleted

Practice Direction 7: After para 3.5, new para 3.5A inserted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 7C: 1.3(2)(f) ‘in the circumstances … applies’ is deleted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 8B: In A3, Table 1 the following deletions have been made: RSC O.50 r.9A, O.50 r.10(2), O.50 r.14(4), O.50 r.15(2), O.93 r.20(2) and O.93 r.23(2)(a). In B1, Table 2 the following deletions have been made: RSC O.56 r.8(1) and O.56 r.10(1) and CCR O.31 r.4(1). In B1 Table 2 alongside RSC O.93 R.22(3) ‘(Proceedings under the Financial Services Act 1986 (Applications by inspectors under section 94 or 178))’; replaced by ‘(Proceedings under the Financial Services and Markets Act 2000)’

Practice Direction 12: In para 1.2, sub-paras (3) and (4) deleted. In 1.3, the opening words are replaced with the following text: ‘Other rules and practice directions provide that default judgment under Part 12 cannot be obtained in particular types of proceedings. Examples are:’. ‘(5) possession claims’ is added to the list of examples. Para 4.3 replaced with new text

Practice Direction 16: Para 1.2 replaced with new text. New para 1.3 inserted

Practice Direction 18: In para 5.8, in (2), new text inserted after ‘provides that’

Practice Direction 22: Para 1.1, sub-para (2) ‘and’ is deleted. After para (3), paras (4)–(6) inserted. In para 3.6A, at the beginning, ‘A’ is deleted. In para 3.11, in the table of examples, alongside ‘Insurers and the Motor Insurers’ Bureau’, 1st sentence is substituted with new text

Practice Direction 25: In para 2.4, at the end of the first sentence, new text inserted. Third sentence has been deleted

Practice Direction 31: In para 4.3, after ‘the disclosing party’, new text inserted. New para 5.5 inserted. In section 7, in the heading ‘Rule 31.14(e)’ replaced by ‘Rule 31.14(2)’. New paras 7.1 and 7.2 inserted. Heading ‘False Disclosure Statement’ inserted above para 8

Practice Direction 32: New paras 27.1 and 27.2 inserted. Existing paras 27.1–27.4 renumbered as 28.1–28.4

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 35: Paras 1.1–1.6 replaced with new text. Section (2) is replaced (with items 2.1–2.6). Existing sections 2–6 renumbered as 3–7

Practice Direction 39: Para 1.5 in (5) ‘garnishee order’ is replaced by ‘third party debt order’. Para 1.5(6) replacement text inserted

Practice Directions 43–48: Asterisks deleted alongside paragraph numbers. Para 1.6 deleted. New section 50A inserted in PD48 after section 50.4 (3) and before the heading for section 51

Practice Direction 49C: Whole PD revoked

Practice Direction 49D: Whole PD revoked

Practice Direction 49F: Whole PD revoked

Practice Direction 49G: Whole PD revoked

Practice Direction 49H: Whole PD revoked

Practice Direction 52: In section 2A.2, new sub-para (b) inserted

Practice Direction 58: New Practice Direction inserted. This PD makes mention of appendixes. These are not available at this time, but will be available in the next update

Practice Direction 59: New Practice Direction inserted. This PD makes mention of appendixes. These are not available at this time, but will be available in the next update

Practice Direction 60: New Practice Direction inserted. This PD makes mention of appendixes. These are not available at this time, but will be available in the next update

Practice Direction 61 (not inc.): NB The Admiralty PD will be in the next update

Practice Direction 62: New Practice Direction inserted. This PD makes mention of appendixes. These are not available at this time, but will be available in the next update

Practice Direction 70: New Practice Direction inserted

Practice Direction 71: New Practice Direction inserted

Practice Direction 72: New Practice Direction inserted

Practice Direction 73: New Practice Direction inserted

Schedules

Schedule 1

RSC Order 45: Rules 1(1), 1(2), 1(3), 9, 10, 13 and 14 revoked

RSC Order 48: Whole order revoked

RSC Order 49: Whole order revoked

RSC Order 50: Whole order revoked

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK RSC Order 62: Part III of Appendix 3, paras 3 and 4 omitted

RSC Order 71: Rule 32(2) 6.26 inserted after 6.25. Rule 33 new rule substituted. Rule 36 new wording substituted for existing wording after the words ‘any document’. New part V inserted (rules 45 onward follow on from the existing rule 44)

RSC Order 74: Whole order revoked

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK RSC Order 77: Rule 15 new para (1) substituted. Rule 16 para (1)(a) amended, para (3) new text substituted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK RSC Order 81: Rules 7(1), 7(2) and 7(3) amended

RSC Order 88: Rule 5A revoked

RSC Order 92: Rule 3A omitted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK RSC Order 93: Rule 22 ‘the Financial Services and Marketing Act 2000’ substituted for ‘the Financial Services Act 1986’ in the heading and para (1). Para (2) ‘the Financial Services Authority under section 367’ substituted for ‘the Secretary of State or a designated agency under section 72’. New para (4) substituted. Rule 23 omitted

RSC Order 115: Rule 4(4) amended. Rule 24 para (ba) ‘any proceedings’ substituted for ‘proposed proceedings’. Rule 26(2) new para (a) substituted. Para (b) the words ‘where proceedings have been instituted’ inserted at the beginning of the para. New para (ba) inserted after para (b). Paras (d) and (e) omitted. Rule 27(3) ‘unless the court otherwise orders’ inserted after ‘the order and’

Schedule 2

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 4: Rule 3 para (b) amended

CCR Order 25: Rules 2, 3, 4, 5, 5A, 11 and 12 revoked. Rule 8(9) ‘pursuant to rule 5(3)’ omitted. Rule 9(4) ‘set out in CPR rule 6.2’ substituted for ‘required for service of an order under Order 25, rule 3’

CCR Order 27: Rules 5(1) and 17(3A) ‘set out in CPR rule 6.2’ substituted for ‘required for service of an order under Order 25, rule 3’

CCR Order 28: Rule 1(2) new para (3) inserted. Rule 2 para (3)(b) new text substituted. Para 4 new text substituted. Rule 3(1) ‘The judgment summons and written evidence must’ substituted for ‘A judgment summons shall’. Rule 4(1) new paras (1A) and (1B) inserted. Rule 5 new text substituted. Rule 9(2) new text substituted. Rule 10(3) omitted

CCR Order 30: Whole order revoked

CCR Order 31: Whole order revoked

CCR Order 33: Rule 4(3) ‘set out in CPR rule 6.2’ substituted for ‘required for service of an order under Order 25, rule 3’

CCR Order 34: Rule 1 ‘section 14, 92 or 118’ substituted for ‘section 14 or 92’. New text inserted after ‘seized in execution’. Rule 3 new text inserted

CCR Order 35: Rule 3 para (2)(b) new text substituted for the words ‘any document’ to the end. New text inserted after rule 3 on ‘Application under Article 54 of Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters’

CCR Order 37: Rule 8(3) revoked

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 38: Appendix B Part 1 ‘APPLICATIONS TO ENFORCE AN AWARD’ omitted from heading. Para 1 sub-para (e) omitted. Part II new text substituted for para (d)(ii) in column 1 of the table. Part III omit items 7, 8 and 11 from the table

CCR Order 39: Rule 2(2) ‘CPR Part 71’ substituted for ‘Order 25, rule 3’

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 42: Rule 13(1) new text substituted. Rule 14 para (1) ‘under CPR Part 72’ substituted for ‘under Order 30’. New para 5 substituted

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCCR Order 45: Rule 1(3) ‘set out in CPR rule 6.2’ substituted for ‘required for service of an order under Order 25, rule 3’

CCR Order 48B: Rule 5(1) new text substituted. Rule 5(8) text amended. Rule 5(9) text amended

Other Practice Directions

Schedule 1

RSC Order 71 Practice Direction: New Practice Direction substituted plus Annex containing Chapter III of, and Annex V to Council Regulation (EC) No 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

Forms

Forms ex140 and ex 141: New forms inserted. Please note that these forms are to be annexed to Part 71 PD as appendixes A and B.

Coming into force

Rules

The above rule changes come into force on 25 March 2002 with the following exceptions: Amendments to RSC Orders 92 and 93 and CCR Order 34 on 14 January 2002. Amendments to Rules 6.18, 6.19, 6.22, 6.23, 12.10, 12.11, 25.13, RSC Order 71, CCR Order 35 on 1 March 2002. Amendments to RSC Order 115 came into force on 20 December 2001 in consequence of the Anti-terrorism, Crime and Security Act 2001

Practice Directions

The above Practice Direction changes come into force on 25 March with the following exceptions: PD 6B Para 5.2 only), PD 8B (removal of 0.93 r.23(2)(a) from table 1 and RSC O.93 r.22(3) from table 2 only) on 14 January 2002. Amendments to PD 6B, PD 7, PD 12 and RSC Order 71 on 1 March 2002.

Forms

25 March 2002

Transitional provisions and Savings (Parts 58–62)

Where proceedings for the possession of land are issued
before 25th March 2002, rule 42(b) shall not apply, and CCR Order 38 shall
apply as if it had not been amended.
Where on or after 25th March 2002 fixed costs are to be
awarded in enforcement proceedings which, pursuant to rule 24 of the Civil
Procedure (Amendment No. 4) Rules 2001¹, continue to be governed by rules in Schedule 1 or
Schedule 2 to the Civil Procedure Rules 1998 rather than rules in Parts 70 to
73, the rules governing enforcement costs in force immediately before 25th
March 2002 shall continue to apply as if they had not been revoked.

Transitional provisions (Parts 70–73)

Parts 70 to 73 shall not apply to any enforcement
proceedings specified in para (2) which are issued before 25th March 2002, and
the rules of court in force immediately before that date shall apply to those
proceedings as if they had not been amended or revoked.
The enforcement proceedings to which this rule applies
are –
1. an application for an order for oral
  examination;
2. an application for a garnishee order;
3. an application by a judgment creditor for an order
  for the payment to him of money standing in court to the credit of a judgment
  debtor;
4. an application for a charging order;
5. a claim for the enforcement of a charging order by
  sale of the property charged; and
6. an application for a stop order.

Footnotes

1. S.I. 2001/2792.

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