Introduction

The 30^th update of the Civil Procedure Rules introduces Part 63 which governs the procedure for claims for intellectual property rights, in particular patents, registered designs and registered trade marks. This replaces the provisions in Practice Direction 49E from 1 April 2003.

The update also contains a number of PD changes. The most notable changes are:

• a replacement Practice Direction 5B on the pilot scheme
  for communication and filing of documents by e-mail coming into force on 1
  April;
• amendments to Practice Direction 37 providing for the
  payment of money into court to be sent to the Court Funds Office coming into
  force on 1 April;
• changes to Practice Direction 52 to take account of
  changes in appeal procedures for health care professionals coming into force on
  1 April;
• a new Practice Direction 63 to supplement the above new
  part coming into force on 1 April;
• a new Practice Direction on Restraint Orders and
  appointment of receivers in connection with criminal proceedings and
  investigations to supplement RSC Order 115 coming into force on 17
  February;
• a new Practice Direction on anti-social behaviour which
  makes provision for an application in existing proceedings in a county court
  for an order (including an interim order) under the Crime and Disorder Act 1998
  by a relevant authority coming into force on 1 April;
• a new Practice Direction containing general provisions
  about proceedings in the High Court under Parts 5 and 8 of the Proceeds of
  Crime Act 2002 which will come into force on the commencement of Chapter 2 of
  Part 5 and Chapter 2 of Part 8 of the Act;
• amendments to the practice direction on protocols to
  include a number of additional provisions designed to encourage parties to act
  reasonably in exchanging information and documents at an early stage and
  generally to seek to settle their dispute without recourse to
  litigation.

Amendments to existing material are included as follows:

Rules

Part 25

Rule 25.13(2)

Existing sub-paragraph (a) replaced by new text. Sub-paragraph (b) omitted.

Part 36

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 36.6

Existing paragraph (3) replaced by new text. Paragraph (4) omitted.

Part 37

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 37.1

Existing paragraph (1) replaced by new text.

Part 49

Rule 49.2

Sub-paragraph (d) revoked.

Part 56

Rule 56.4

‘and’ omitted at the end of sub-paragraph (c). New sub-paragraph (e) inserted.

Part 63

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKNew part inserted on patents and intellectual property claims. These replace Practice Direction 49E.

Practice Directions

Practice Direction 5B

Existing PD replaced by new PD.

Practice Direction 28

In paragraph 2.1(2) ‘listing questionnaire’ replaced by ‘pre-trial check lists’.

Practice Direction 29

In paragraph 2.4 ‘listing questionnaire’ replaced by ‘pre-trial check lists’.

Practice Direction 31

In paragraph 8 the reference to ‘paragraph 27’ replaced by ‘paragraphs 28.1–28.3’.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 36

Existing paragraph 4.1 replaced by new wording. New paragraph 4.2 inserted. Existing paragraphs 8.1 & 8.3 replaced by new wording.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 37

Existing paragraphs 1.1 & 1.2 replaced by new wording. Existing paragraph 2.1 replaced by new paragraphs 2.1 and 2.1A. New paragraphs 11.1–11.5 inserted.

Practice Direction 43–48

In paragraph 3.3 ‘13.6’ replaced by ‘13.5’.

Practice Direction 49E

Revoked (replaced by provisions in Part 63 and accompanying PD).

Practice Direction 52

New entries inserted in the table in paragraph 20. Title and text of paragraph 22.3 amended.

Practice Direction 55

New paragraphs 1.7 and 1.8 inserted.

Practice Direction 58

New paragraph 4.4 inserted.

Practice Direction 60

New paragraph 5.3 inserted.

Practice Direction 62

Existing Paragraph 2.3 replaced by new wording. New paragraphs 12.4–12.6 inserted.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 63

New Practice Direction on ‘Patents and Other Intellectual Property Claims’ inserted to supplement new Part 63 rules.

Practice Direction 75

New paragraphs 1.1(4), 1.2(5), 1.2(6) inserted. Existing paragraphs 1.3(2)(b) and (c) replaced by new paragraphs 1.3(2)(b), (c) and (d). Existing paragraphs 1.3(3)(c) and (d) replaced by 1.3(3)(c) to (f). Existing paragraphs 3.1 and 4.1 replaced by new text. Existing paragraphs 5.1(2) and (3) replaced by new paragraphs 5.1(2) to 5.1(4).

Other Practice Directions

Schedule 1

RSC Order 115 Practice Direction

New Practice Direction inserted on the subject of Restraint orders and the appointment of receivers in connection with criminal proceedings and investigations.

Directors Disqualification

Paragraphs 11.4 & 33.9 amended by replacing ‘listing questionnaires’ with ‘pre-trial check lists (listing questionnaire)’.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKAnti-social behaviour

New Practice Direction inserted on bringing applications in a county court for an order under section 1B(4) of the Crime and Disorder Act 1998.

Civil Recovery

New Practice Direction inserted containing general provisions about proceedings in the High Court under Parts 5 and 8 of the Proceeds of Crime Act 2002.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKProtocols Practice Direction

New paragraphs 3.3–3.5 inserted. Paragraph 4 re-numbered as 4.1. New paragraphs 4.2–4.10 inserted.

Judicial Review Pre-Action Protocol

Judicial Review Management Unit address amended.

Forms

New forms inserted as follows:

N242

Notice of payment into court (under order – Part 37)

N243B

Notice of instruction to Court Funds Office

The following forms are issued to replace existing forms:

Ex140

Record of Examination (individual)

Ex141

Record of Examination (officer, etc)

N211C

Notes for Defendant (CPR Part 20)

N242A

Notice of payment into court (in settlement – Part 36)

N243A/F201

Notice of acceptance and request for payment (Part 36)

N292

Order on settlement on behalf of child or patient

Coming into force

All changes come into force on 1 April 2003 with the exception of the following:

• The new Practice Direction on Restraint Orders and
  Appointment of Receivers in Connection with Criminal Proceedings and
  Investigations will come into effect on 17 February 2003.
• The amendments to the Part 75 Practice Direction will
  come into effect on 17 February 2003.
• The Practice Direction on the Proceeds of Crime Act 2002
  Parts 5 and 8: Civil Recovery will come into effect on the commencement of
  Chapter 2 of Part 5 and Chapter 2 of Part 8 of the Proceeds of Crime Act 2002.