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NOTES TO ACCOMPANY SEPTEMBER 2003 33rd SUPPLEMENT

Introduction

The 33rd update of the Civil Procedure Rules introduces the following new rules in the Civil Procedure Rules 1998:

  • Section III of Part 34, sets out the procedure for
    requesting evidence to be taken in a Member State of the European Union to
    which Council Regulation (EC) No 1206/2001 on co-operation between the courts
    of the Member States of the European Union in the taking of evidence in civil
    or commercial matters applies, and for dealing with requests by the courts of
    Regulation States for evidence to be taken in England and Wales;
  • Section II of Part 45, provides that for road traffic
    accident disputes:
    • occurring on or after 6th
      October 2003;

    • where costs-only proceedings are issued under rule
      44.12A;

    • which are settled for an amount of agreed damages not
      exceeding £10,000;


    only specified fixed costs are recoverable, other than in
    exceptional circumstances, in
  • Section III of Part 52, which sets down the procedure for
    applications to the Court of Appeal or the High Court to reopen the final
    determination of an appeal or application for permission to appeal; and
  • Section IV of RSC Order 115, which sets down the
    procedure for the registration in the High Court for enforcement of orders of
    the International Criminal Court for the payment of fines, forfeitures and
    reparations.

A number of minor and consequential amendments to the rules and practice directions have been made and certain provisions of the RSC and CCR rules in Schedules 1 and 2 have been revoked.

A full list of the changes is set out below:

Rules

Part 20
In rule 20.7, after paragraph (2) cross-reference inserted
In rule 20.8(1), in sub-paragraph (a), after ‘counterclaim’, ‘against an existing party only’ is inserted; in sub-paragraph (b) ‘for the party making the Part 20 claim files his defence’ replaced by ‘the Part 20 claim is issued by the court’.
Part 30
In rule 30.1, at the beginning, (1) inserted
In rule 30.1 after paragraph (1) but before the cross-reference, new sub-paragraph (2) inserted
Part 34
In Part 34, at the end of the table of contents, new text inserted
In rule 34.13 paragraph (1) replaced by new text
Rule 34.16 replaced by new text
After Section II of Part 34, new Section III ‘Taking of Evidence – Member States of the European Union’ inserted
Part 43
In rule 43.2, in sub-paragraph (1)(j) ‘Section 1 of’ is inserted before ‘Part 45’
Part 44
In rule 44.12A –
In paragraph (1), sub-paragraph (c) has been replaced by new text
After paragraph (1) new paragraph (1A) inserted
In paragraph (4) ‘In’ has been replaced by ‘Except as provided in paragraph (4A), in’
After paragraph (4) new paragraph (4A) inserted
Part 45
Existing table of contents replaced by new table of contents
In the heading of rule 45.1, ‘Part’ replaced by ‘Section’
In rule 45.1, in each place that it occurred, ‘Part’ replaced by ‘Section
Cross-reference following paragraph (1) deleted
After rule 45.6, new Section II ‘Road Traffic Accidents – Fixed Recoverable Costs In Costs Only Proceedings’ inserted
Part 52
New Section III – ‘Provisions about reopening appeals, Reopening of final appeals’ inserted.
Part 57
In rule 57.2, sub-paragraph (3) replaced with new text
Part 70
In rule 70.5, paragraph (1),
In sub paragraph (a), ‘or other decision’ is inserted after ‘money’. In sub-paragraph (b), new text inserted at the end
In paragraph (2), at the end of sub-paragraph (a), ‘or’ is deleted
After sub-paragraph (b), ‘; or (c) any order to which RSC Order 115 applies’ inserted
After cross-reference following paragraph (2), further cross-reference inserted
In paragraph (3), ‘the award’ replaced by ‘an award of a sum of money’
Paragraph 8 replaced with new text

Schedules

Schedule 1

RSC Order 91
Revoked
RSC Order 115
After Part III, new Part IV ‘International Criminal Court Act 2001: fines, forfeitures and reparation orders’ inserted

Schedule 2

CCR Order 4
Rule 3 revoked
CCR Order 48D
Revoked
CCR Order 49
Rules 4A, 5 and 18B revoked

Practice Directions

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 2
In paragraph 2.1(2), ‘Principal Probate Registry’ replaced by ‘Principal Registry of the Family Division’
Postcode changed from ‘WC1A 6HA’ to ‘WC1V 6NP’
Practice Direction 2B
In paragraph 5.1, sub-paragraph (g) replaced by new text
Practice Direction 5B
This Practice Direction has been replaced by new text
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 6
In paragraph 2.2, ‘unless the contrary is proved’ has been deleted
Practice Direction 21
Existing paragraph 6.4 has been re-numbered as 6.5
New paragraph 6.4 has been inserted after paragraph 6.3
Practice Direction 22
In paragraph 1.1, sub-paragraph (6) deleted
Paragraph 1.4 has been replaced by new text
Practice Direction 27
Paragraphs 5.1–5.8 replaced by new paragraphs 5.1–5.5
Practice Direction 27B
This Practice Direction has been withdrawn, owing to expiry
Practice Direction 29
New paragraph 3A inserted after paragraph 3
Practice Direction 30
New paragraphs 8.1–8.8 inserted
Practice Direction 33B
This Practice Direction has been deleted
Practice Direction 34
In the heading of paragraph 5, at the end, new text inserted ‘(where the Taking of Evidence Regulation does not apply)’
In paragraph 5.3, sub-paragraph (4) replaced by new text
In paragraph 5.3, at the end of sub-paragraph (5), ‘and’ deleted
In paragraph 5.3, sub-paragraph (6) deleted
At the end of paragraph 5.3, new sentence inserted.
In the heading of paragraph 6, at the end, new text inserted
In paragraph 6.7, the words in brackets have been deleted
After paragraph 6, new paragraphs 7–11 inserted
Existing heading for Annex A replaced with new heading
Existing Annex B has been replaced by new Annex B ‘Taking of Evidence Regulation’
Practice Direction 39
Paragraph 6.1 replaced by new text
In paragraph 6.3 and in paragraph 6.4, the words ‘trial or’ have been deleted
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 40C
Existing Practice Direction replaced by new text
Practice Directions 43–48 (Costs Practice Direction)
Paragraph 5.13 replaced by new text
At the end of the directions relating to Part 45, new section 25A inserted
Practice Direction 52
Existing paragraph 1.1 replaced by new text
Paragraphs 8.1–8.10 replaced by new text (paragraphs 8.1–8.14)
In paragraph 20.3, in the table headed ‘Appeals to the High Court’, new entry inserted below ‘the Land Registration Act 1925’, i.e. ‘Land Registration Act 2002 23.2, 23.8B’
In paragraph 23.2 (9), ‘and’ deleted
After 23.2 (10), new sub-paragraphs (11)–(17) inserted
After 23.8(A), new sub-paragraph 23.8 (B) ‘Appeal against a decision of the adjudicator under section III of the Land Registration Act 2002’ inserted
New Section IV ‘Provisions About Reopening Appeals’ inserted
Practice Direction 55
Paragraph 5.5 deleted
Practice Direction 56
New paragraph 13.6 inserted
Practice Direction 70
In the title of the Practice Direction, ‘for the payment of money’ deleted
Paragraph 5 replaced by new text (including title of Paragraph 5)
Practice Direction 73
In paragraph 4.3(4), ‘so far as is known’ replaced by ‘so far as the claimant is able to identify’
After paragraph 4.3(5) new sub-paragraphs (6) and (7) inserted
After paragraph 4.3 new paragraph 4.4 inserted
Existing paragraph 4.4 renumbered as 4.5

Protocols

Disease and Illness Protocol
Coming into force 8th December 2003
Publication September 2003
Housing Disrepair Protocol
Coming into force 8th December 2003
Publication September 2003

Other Practice Directions

Schedule 1 RSC Order 91 PD
This Practice Direction has been removed.
Proceeds of Crime Act 2002 Civil Recovery Practice Direction
In paragraph 2.1, ‘made to’ replaced by ‘issued in’
After paragraph 2.1, new paragraph 2.2. inserted
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKProtocols Practice Direction
At the end of the table in paragraph 5.1, details of new protocols on ‘Disease and Illness’ and ‘Housing Disrepair’ inserted.

Coming into force

All rule changes come into force on 6th October, with the exception of :

  • Part 34 changes on 1st January
    2004
  • Part 20 changes on 1st April
    2004
  • PD27b expired on 21st February and
    has therefore been withdrawn in this update

All PD changes come into force, as follows:

6th October

PD2

PD6

PD21, PD27, PD29, PD30, PD39, PD40C, Costs PD, PD52 (all changes save those relating to the Land Registration Act 2002 – see below), PD56, PD70

Revocation of PD RSC O.91

Proceeds of Crime Act 2002 Civil Recovery PD

PD5B

13th October

PD2B

Revocation of PD33B

PD52 (Paragraphs relating to the Land Registration Act 2002; i.e. 23.2 sub-paragraph 17 and 23B)

PD55

8th December

PD22

PD73

Protocols PD and new protocols

1st January 2004

PD34

Ministry of Justice