Menu ≡

NOTES TO ACCOMPANY JANUARY 2004 34th UPDATE

Introduction

The 34th Update of the Civil Procedure Rules introduces a number of notable changes to procedures including the following:

  • A new Practice Direction 5B replaces the existing one. It
    provides for deletion of the auto-response facility and issues a new section 2
    which makes provision for use of the online forms service which may be used for
    both submission of forms and for submission of documents.
  • A new rule 7.12 which provides for a practice direction
    to make provision for claims to be started electronically. The accompanying
    Practice Direction 7E will provide for the continuation of the service known as
    Money Claim Online which is presently operating as a pilot scheme.
  • Practice Direction 23 is amended to extend the duration
    of the existing Telephone Hearings Pilot Scheme at Newcastle Combined Court
    Centre and to introduce the scheme at Bedford County Court and Luton County
    Court.
  • A new rule 30.8 which requires any proceedings which
    raise an issue of competition law relating to the application of Article 81 or
    Article 82 of the EEC Treaty to be transferred to the Chancery Division.
  • A new rule 34.13A which prescribes the procedure for
    applications to the High Court by a party to proceedings under Part 5 of the
    Proceeds of Crime Act 2002 for the issue of a letter of request for evidence to
    be taken abroad.
  • The Costs Practice Direction 43-48 is amended to
    introduce a pilot scheme for detailed assessment by the Supreme Court Costs
    Office of costs of civil proceedings in London County Courts.
  • A new rule 52.16(6A) which requires any request by a
    party to an appeal to the Court of Appeal for the review or reconsideration of
    a decision of a single judge or a court officer to be filed within 7 days after
    the party is served with notice of the decision.
  • The Extradition Act 2003 comes into force on the
    1st of January 2004 and sets out new arrangements for
    extradition cases. Practice Direction 52 of the Civil Procedure Rules has been
    amended with effect from 1 January 2004 to set out the new appeals
    procedures.
  • A new RSC Order 52 rule 7A and a new CCR Order 29 rule
    1(5A) providing that a warrant for the arrest of a person against whom an order
    of committal has been made (in the High Court) or a warrant of committal (in a
    county court) shall not, without further order of the court, be enforced more
    than 2 years after the date on which the warrant is issued.
  • Rule 45.10 is amended to clarify that, in costs-only
    proceedings brought under Section II of Part 45 by a party funded by a body
    which indemnifies its members or other persons against liabilities for costs
    which they may incur in proceedings, the court may allow that party as a
    disbursement a sum not exceeding such amount as would be allowed under section
    30 of the Access to Justice Act 1999.
  • Rule 45.11 is amended to specify the amount of the
    success fee which a claimant may recover in proceedings under Section II of
    Part 45 if he has entered into a conditional fee agreement or a collective
    conditional fee agreement which provides for a success fee.
  • Rule 52.12(1) is amended to clarify that the fact that a
    Part 36 offer or payment has been made must not be disclosed to a judge who is
    to hear or determine an application for permission to appeal.
  • RSC Orders 45 to 47 (enforcement) and RSC Order 17 and
    CCR Order 16 (interpleader) are amended in consequence of the enactment of
    section 99 of and Schedule 7 to the Courts Act 2003, which abolish any rule of
    law requiring a writ of execution issued from the High Court to be directed to
    a sheriff and provide for the authorisation of High Court enforcement
    officers.
  • CCR Order 49 rule 17 (proceedings relating to
    discrimination) is amended to apply certain provisions of that rule to
    proceedings under the Employment Equality (Religion or Belief) Regulations 2003
    and the Employment Equality (Sexual Orientation) Regulations 2003.
  • A new Practice Direction is introduced dealing with EU
    Competition Law which applies to any claim relating to the application of
    Articles 81 and 82 of the EC Treaty.

A full list of the changes is set out below:

Rules

Part 7
After rule 7.11, new paragraph 7.12 inserted
Part 21
In rule 21.1, in sub-paragraph (2)(b), ‘his own affairs’ replaced by ‘his property and affairs’
Part 30
After rule 30.7, new paragraph 30.8 inserted
Part 34
After rule 34.13, new sub-paragraph 34.13A inserted
In rule 34.23, at the beginning of paragraph (1) ‘this’ replaced by ‘Subject to rule 34.13A, this’
Part 45
In rule 45.10(2), in sub-paragraph (b), at the end, new text inserted
In rule 45.11, paragraph 2 replaced by new text
Part 52
In rule 52.12, paragraph (1) replaced by new text
In rule 52.16, after paragraph (6) new sub-paragraph (6A) inserted
Part 54
In rule 54.1, paragraph (2), sub-paragraphs (b), (c) and (d) deleted
In rule 54.3, paragraph (2)(i), after ‘damages’ where it first occurred, ‘restitution…..due’ inserted
In rule 54.3, paragraph (2), for ‘damages’ where it next occurred, ‘such a remedy’ inserted
In the cross-reference after paragraph (2), new text inserted after ‘damages’
Part 57
In rule 57.9, in sub-paragraph (4)(b), at the end, new text inserted
Part 63
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKIn rule 63.7, paragraph (3), sub-paragraph (a), ‘and pre-trial reviews’ deleted. In sub-paragraph (c), ‘rule 295.(1)(c) replaced by ‘paragraph (1)(b) and (c)’
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKIn rule 63.9, in the heading ‘of’ replaced by ‘to’
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRule 63.16 replaced by new text
Part 74
In rule 74.19, sub-paragraph (a), at the end of sub-paragraph (iii), ‘or’ deleted. After sub-paragraph (iv) ‘or’ and sub-paragraph (v) inserted

Schedules

Schedule 1

RSC Order 17
In rule 1, in paragraph (2), for the words from ‘including’ to the end of the paragraph, new text inserted
RSC Order 45
At the beginning new paragraphs on interpretation inserted
In rule 2, after ‘the Sheriff or his officer’, ‘or the relevant enforcement officer’ inserted
In rule 8, ‘an order of mandamus’ deleted
RSC Order 46
In rule 8, in paragraph (3), after ‘directed’ new text inserted. In paragraph (4), after ‘sheriff’ new text inserted
In rule 9, in paragraph (1), after ‘directed’ new text inserted. In paragraph (2), after ‘sheriff’, in both places that it occurs, ‘or enforcement officer’ inserted
RSC Order 47
Rule 2 is revoked
In rule 4, after ‘sheriff’, ‘or enforcement officer’ inserted
In rule 5, in paragraph (1) after ‘the writ was directed’ new text inserted
In rule 6, paragraph (1) replaced by new text. Paragraph (3) replaced by new text. In paragraph (4), ‘the sheriff’s list’ replaced by ‘the list under paragraph (3)’. Paragraph (5) replaced by new text. In paragraph (6), ‘the sheriff’s list’ replaced by ‘the list under paragraph (3)’
RSC Order 52
After rule 7 new paragraph 7A inserted
RSC Order 79
In rule 9(11), ‘an order for certiorari’ replaced by ‘a quashing order’
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKRSC Order 93
In rule 22, ‘application for mandamus’ replaced by ‘applications for a mandatory order’

Schedule 2

CCR Order 16
In rule 7, after paragraph (1), new sub-paragraph (1A) inserted
CCR Order 29
In rule 1, after paragraph (5), new sub-paragraph (5A) inserted
CCR Order 49
In rule 17, in paragraph (1), after sub-paragraph (a), new sub-paragraph (aa) inserted. In paragraph (1) sub-paragraph (b) replaced by new text. In paragraph (4), ‘or section 57, 62 or 63 of the Act of 1976’ replaced by new text. In paragraph (6), ‘or section 66 of the Act of 1976’ replaced by new text. In paragraph (8) ‘or section 26 of the Act of 1995’ replaced by new text

Practice Directions

Practice Direction 5B
Existing PD5B replaced by new text
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 7E
Existing paragraph 1.1 replaced by new text
Practice Direction 19
Existing annex to PD19 replaced by new text
Practice Direction 21
In paragraph 1.1, ‘his own affairs’ replaced by ‘his property and affairs’
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 23B
Existing paragraph 1.1 replaced by new text. At the end of the practice direction, new appendix inserted
Practice Direction 34
In paragraph 5.3(4) sub-paragraphs (a) and (b) deleted. (Please note that these should have been deleted in update 33 but were inadvertently left in).
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 37
In paragraph 9.2, ‘witness statement’ replaced by ‘application notice’
Practice Direction 39B
In paragraph 2.5, ‘sheriff’s interpleader’ replaced by ‘interpleader by a sheriff or High Court enforcement officer’
Supplement to the PD has been deleted, i.e. Court Sittings in 2002
Costs Practice Direction 43-48
Existing paragraph 8.2 replaced by new text
Existing paragraph 19.4(3) replaced by new text
In paragraph 25A.9 ‘exceptional’ replaced by ‘particular’
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKCosts Pilot Scheme Practice Direction
New Practice Direction inserted after the Costs Practice Direction
Practice Direction 52
Existing paragraphs 19.1 and 19.2 deleted
In paragraph 20.3, in the table headed ‘Appeals to the High Court’, new entry inserted, i.e. ‘Extradition Act 2003 22.6A’
New paragraph 22.6A inserted
In paragraph 21.7(2), ’28 days’ replaced by ’14 days’
THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 63
Existing paragraph 4.8 replaced by new text
Existing paragraph 4.9 replaced by new text
In paragraph 5.1, after ‘if, before’ ‘or at the same time as’ inserted
In paragraph 11.1, in the heading, ‘of’ replaced by ‘to’
In paragraph 11.1(1) ‘claim form’ replaced by ‘statement of case’
In paragraph 11.1(2) ‘claim form’, in each place that it occurs, replaced by ‘statement of case’
In paragraph 11.3, in the opening words, ‘validity of a patent’ replaced by ‘the validity of a patent or a registered design’
In paragraph 11.3(1), at the end, ‘and’ deleted
In paragraph 11.3(2) ‘.’ replaced by ‘; or’
After paragraph 11.3(2), new sub-paragraph (3) inserted
In paragraph 11.4, in the opening words, ‘paragraph 11.3(1)’ replaced by ‘paragraphs 11.3(1) and 11.3(3)’
In paragraph 11.4(1), after ‘of matter’ ‘or a design’ inserted
In paragraph 11.4(2), after ‘of matter’ ‘or a design’ inserted
In paragraph 11.5, in the opening words, ‘the’ inserted before ‘validity’
In paragraph 11.5(1) ‘claim form’ replaced by ‘statement of case’
In paragraph 25.1, in the heading, after ’97(2)’ ‘or section 229(3)’ inserted
In paragraph 25.1, in the opening words, after 97(2) ‘or section 229(3)’ inserted
In paragraph 26.1, in the opening words, ‘195 or 204’ replaced by ‘195, 204, 230 or 231’
Practice Direction 75
In paragraph 1.1, at the end of sub-paragraph (5), full stop replaced by semi-colon
In paragraph 1.1 after sub-paragraph (5) new sub-paragraph (6) inserted
After paragraph 5.5, new paragraph 5.6 inserted
In paragraph 8.1, the note at the end has been replaced by a new note

Other Practice Directions

EU Competition law Practice Direction
New Practice Direction inserted

Forms

Existing forms have been amended as follows:
N251
This has been revised to include insurance policy numbers and insurers address
N243A/F201
This has been amended to correct a typographical error but also to clarify the position regarding who should sign the form.

Coming into force

All changes come into force as follows:

Immediate Effect

PD19

30th December 2003

PD75

1st January 2004

PD52 (extradition)

6th January 2004

Costs pilot scheme PD

1st February 2004

Part 7

Part 34

Part 45

PD7E

PD23B

PD37

Part 45.10(2)

Costs PD (amendments to paragraphs 8.2 and 25A.9)

PD52 (amendment to paragraph 21.7 – IAT appeals)

Part 52.16

CCR Order 49

1st March 2004

Part 45.11

Form N243A/F201

1st April 2004

Part 21

PD21 (definition of ‘patient’)

PD39B (vacation applications before QB Masters)

Costs PD (amendment to paragraph 19.4(3))

Part 52.12

Part 57

Part 63

PD63 (patents and other intellectual property claims)

Part 74

RSC Order 17

RSC Order 45 (rule 1A and rule 2)

RSC Order 46

RSC Order 47

RSC Order 52

CCR Order 16

CCR Order 29

Form N251

1st May 2004

Part 30

Part 54.1

Part 54.3

PD5B (electronic communication and filing of documents)

EU Competition Law PD

RSC Order 45 (rule 8)

RSC Order 79

RSC Order 93

Ministry of Justice