Introduction

The 35^th Update of the Civil Procedure Rules introduces a number of notable changes to procedures including the following:

• A new Part 65 and accompanying Practice
  Direction is inserted containing rules about proceedings under various statutes
  relating to anti-social behaviour and harassment. Its coming into force date is
  set at 30 June 2004 to coincide with most of the provisions of the Anti-Social
  Behaviour Act 2003.
• Part 56 (landlord and tenant claims) is
  amended as a result of changes to the substantive law on renewal and
  termination of business tenancies in Part II of the Landlord and Tenant Act
  1954 made in the Regulatory Reform (Business Tenancies) (England and Wales)
  Order 2003.
• A new section is inserted into Part 45
  providing for fixed recoverable success fees to apply in all road traffic
  accident disputes where the claimant is funded by a conditional fee
  agreement.
• A new rule 5.4A is inserted which will give
  the Attorney General the right to search for, inspect and take a copy of any
  documents within a court file for the purpose of an application under s.42 of
  the Supreme Court Act 1981 or s.33 of the Employment Tribunals Act 1996 to
  restrict vexatious proceedings.
• Amendments are made to the Practice
  Direction on EU Competition Law to extend certain of its provisions to claims
  raising domestic competition law issues relating to the application of Chapter
  I or II of Part I of the Competition Act 1998. Corresponding provisions are
  also inserted in Practice Direction 52 applying to appeals to the Court of
  Appeal which raise competition law issues.
• Amendments are made to the Practice
  Direction on Applications for a warrant under the Competition Act 1998 in
  consequence of recent amendments to the Act and other related
  legislation.
• A number of changes to Practice Direction
  52 have been made including new provisions for appeal bundles, skeleton
  arguments and respondent’s documentation. Also included in PD 52 are a number
  of provisions formerly included in practice notes and other non-CPR Practice
  Directions such as those dealing with the handing down of judgments and the
  short warned list in the Court of Appeal.
• The Insolvency Practice Direction has been
  amended to include provisions about bankruptcy restriction
  orders.

A full list of the changes is set out below:

Rules

Part 5

New rule 5.4A inserted after rule 5.4

Part 6

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKIn rule 6.10 new wording ‘state the details set out in the following table’ substituted for existing wording.

Part 13

Rule 13.5 is revoked

Part 30

In rule 30.8 new wording substituted for existing wording.

Part 34

In rule 34.16 ‘another Regulation State’ substituted for ‘Regulation State’.

In rule 34.23 ‘who is in another Regulation State’ substituted for words ‘who is’ to the end.

Part 42

In rule 42.2(5) sub-paragraph (a) new wording substituted for existing wording.

Part 45

New Section III ‘Fixed Percentage Increase In road Traffic Accident Claims’ inserted after Section II.

Part 55

In rule 55.1 existing sub-paragraph (d) replaced by new sub-paragraphs (d) to (g).

New cross-reference inserted after paragraph 55.2 rule 1.

After rule 55.9 (d) new sub-paragraph (e) inserted.

In rule 55.12 existing text numbered paragraph (1), new paragraph (2) added.

Part 56

In rule 56.2 paragraph 1 ‘paragraphs (2) or (4) apply’ amended to ‘paragraph 2 applies’.

Paragraph 4 is revoked.

In rule 56.3 existing text replaced by new text.

Part 57

In rule 57.16 ‘the time’ is replaced by ‘subject to paragraph (4A) the time’.

New paragraph (4A) inserted.

Part 65

New Part 65 ‘Proceedings Relating to Anti-Social Behaviour and Harassment’ inserted.

Part 69

In rule 69.10 existing text is renumbered as paragraph (1).

New paragraph (2) inserted.

Schedules

Schedule 1

RSC Order 94

Rule 16 is revoked.

RSC Order 98

Revoked

CCR Order 49

Rule 6B is revoked

Practice Directions

Practice Direction 2B

In paragraph 5.1 existing sub-paragraph (j) is replaced by new text.

New heading to paragraph 8 replaces existing heading.

In paragraph 8.1 new sub-paragraph (d) inserted.

New paragraph 8.1A inserted.

In paragraph 8.3 the words ‘section 3 of the Protection from Harassment Act’ are deleted.

In paragraph 11.1 sub-paragraph (a)(ii) new wording ‘or for the termination of a tenancy under section 29(2)’ inserted after ‘section 24’. In sub-paragraph (b) after ‘land’ new wording inserted. In sub-paragraph (d) ‘the consent of the parties and’ is deleted.

Practice Direction 4

This Practice Direction has been amended to reflect the form changes set out below.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 6B

In paragraph 1.2 existing text between ‘tenancies’ and ‘hear the claim’ replaced by new text.

In paragraph 1.3 existing text between words ‘agreement’ and ‘applies’ replaced by new text.

New paragraph 1.3D inserted after paragraph 1.3C.

In paragraph 1.4 the words ‘or 1.3C’ are replaced by ‘, 1.3C or 1.3D’

In paragraph 5.2 sub-paragraph (8) existing text replaced by new text.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 7C

In sub-paragraph (4) ‘8.3’ replaced by ‘7.3’.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 8

In paragraph 4.3 words ‘such as a consent application under section 38 of the Landlord and Tenant Act 1954’ deleted.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 8B

In section B.1 paragraph (2) deleted.

In Table 2 the entries for RSC O.98 r.2(1), CCR O.49 r.5(1), CCR O.49 r.6B(1) and CCR O.49 r.10(3) are deleted.

Practice Direction 12

In paragraph 4.3(2) existing sub-paragraph (c) replaced by new text.

Practice Direction 18

New paragraph 1.7 inserted.

Practice Direction 22

In paragraph 1.1 new sub-paragraph (6) inserted.

Practice Direction 26

In paragraph 8.1, sub-paragraph (1)(c) ‘those for possession’ replaced by new wording.

In paragraph 10.1 ‘The following paragraphs do not apply’ replaced by ‘Paragraph 10.2 does not apply’. In sub-paragraph (1) ‘where the defendant has filed a defence’ replaced by new wording.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 26B

A new Practice Direction is included providing for a pilot mediation scheme to operate at the Central London Civil Justice Centre.

Practice Direction 40B

In paragraph 9.1 ‘the penal notice’ replaced by ‘a penal notice’.

Practice Direction 45

In paragraph 25A.6 ‘The areas referred to in rule 45.9(2) are’ is replaced by ‘The area referred to in rule 45.9(2) consists of’

Practice Direction 52

Existing Section 1 replaced by new Section 1.

In the table at paragraph 20.1 headed ‘Appeals to the Court of Appeal’ ‘Articles 81 and 82 of the EC Treaty and Chapters I and II of Part I of the Competition Act 1998 21.10A’ inserted as the first entry.

After paragraph 21.10A new paragraph 21.10A inserted.

Practice Direction 55

New paragraph 1.9 inserted.

In paragraph 2.2 ‘2.3 and 2.4’ are replaced by ‘2.3, 2.4 and 2.4A’

New paragraph 2.4A inserted.

New paragraph 2.7 inserted.

Paragraph 6.1 revoked.

Practice Direction 56

At the beginning of paragraph 2.1 ‘The’; replaced by ‘Subject to paragraph 2.1A, the’

New paragraph 2.1A inserted.

In paragraph ‘or rule 56.2(4)’ deleted.

Existing paragraphs 3.1 to 3.8 are replaced by new paragraphs 3.1 to 3.19 ‘Claims for a new tenancy under section 24 and termination of a tenancy under section 29(2) of the 1954 Act’.

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

In paragraph 8.1 at the end of sub-paragraph (4) ‘and’ is omitted.

New sub-paragraph (6) inserted.

Practice Direction 65

New Practice Direction ‘Anti-Social Behaviour and Harassment’ inserted to supplement new Part 65.

Practice Direction 70

Paragraph 3 renumbered as paragraph 3.1. ‘sheriff’s return’ replaced by ‘relevant enforcement officer’s return’.

New paragraph 3.2 inserted.

In paragraph 7.2 ‘Sheriff’s Office’ replaced by ‘relevant enforcement officer’.

Other Practice Directions

CCR Order 49, Housing Act 1996: Injunction

Rule 6B revoked.

Anti-social Behaviour (orders under section 1B(4) of the Crime and Disorder Act 1998)

Revoked.

Insolvency Proceedings

New section ‘16A Bankruptcy restrictions orders’ inserted after paragraph 16.8.

Competition Law – Claims Relating to the Application of Articles 81 and 82 of the EC Treaty

Existing Practice Direction replaced by new Practice Direction.

Application for a Warrant under the Competition Act 1998

Existing practice Direction and annexes replaced.

Forms

Existing forms have been amended as follows:

N5

Claim form for possession of property

N7

Notes for defendant (mortgaged residential property)

N7A

Notes for defendant (rented residential property)

N7B

Notes for defendant (forfeiture of the lease)

N11R

Defence form (rented residential premises)

N119

Particulars of claim for possession (rented residential premises)

N119A

Notes for guidance on completing particulars of claim

N215

Certificate of Service

N293A

Combined Certificate of Judgment & Request for Writ of Fieri Facias

N322H

Request to register a High Court Judgment

New forms are introduced as follows:

N6

Claim form for demotion of tenancy

N7D

Notes for defendant – demotion claim

N11D

Defence form (demotion of tenancy)

N16A

Application for Injunction (general form)

N122

Particulars of claim for demotion of tenancy

N206D

Notice of issue (demotion claim)

Coming into force

All changes come into force on 30 June with the following exceptions:

1^st June 2004

Rule 5.4A

Rule 30.8

Rule 34.16 (1)

Rule 34.23

Rule 42.2

Part 45 Section III

Rule 56.2

Rule 56.3

PD 2B (amendments to paragraphs 5.1(j) and 11(1)(a)(ii) only)

PD 8

PD 45

PD 52 (amendment to paragraph 20.1 and insertion of paragraph 21.10A only)

PD 56

PD 70

Practice Direction – Insolvency Proceedings

Practice Direction – Competition Law – Claims relating to the application of Articles 81 and 82 of the EC Treaty and Chapters I and II of Part I of the Competition Act 1998

Practice Direction – Application for a warrant under the Competition Act 1998

1^st April

Forms N293A N 215 N322H N7 N7B

PD26B

Transitional provisions

1. –i) In the circumstances where article 29(1) or (4) of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003¹ applies –

1. the amendments to Part 56 made by rules
   15 and 16 of these Rules shall not apply; and
2. Part 56 shall continue to apply on and
   after 1^st June 2004 as if those amendments had not been
   made.

(2) Where an application for an injunction under Chapter III of Part V of the Housing Act 1996² has been issued before 30^th June 2004 –

1. Section I of Part 65 shall not apply in
   relation to that application; and CCR Order 49, rule 6B shall continue to apply
   on and after 30th June 2004 as if it had not been revoked.

Footnotes

1. S.I. 2003/3096.

2. 1996 c.52.