Introduction

The Civil Procedure (Amendment No. 2) Rules 2004 and the 36^th Practice Direction Update of the Civil Procedure Rules introduce a number of notable changes to procedures including the following:

• new provisions in Parts 3, 23 and 52 and a
  new Practice Direction supplementing (new) rule 3.11, setting out the
  requirements, power and procedures for making civil restraint orders. Rule 2.3
  is amended to insert a definition of ‘civil restraint order’. These
  changes arose from the judgement by the Court of Appeal in Bhamjee v. Forsdick
  [2003] EWCA Civ 1113;
• a replacement rule 5.4 and paragraph 4 of
  the Practice Direction supplementing Part 5, which amend the provisions about
  the supply of documents from court records;
• amendments to the Practice Direction
  supplementing Part 37 in relation to payments into court under certain
  enactments, to replace the requirement to file an application notice with the
  requirement to file a witness statement or affidavit;
• a replacement Practice Direction B
  supplementing Part 47, enabling a pilot scheme for detailed assessment by the
  Supreme Court Costs Office of costs of civil proceedings in specified London
  county courts;
• a new Section IV is inserted into Part 45
  providing for fixed recoverable success fees in personal injury claims against
  an employer where the claimant is funded by a conditional fee agreement, with
  some exceptions. The exceptions are that the new section does not apply where
  the claim relates to disease or arises from a road traffic accident, or where
  the claim has been allocated, or would normally be allocated, to the small
  claims track;
• amendments are made to rule 65.3, that
  affect the evidential requirements when applying for certain anti-social
  behaviour injunctions;
• new paragraphs 13.2 and 13.3 are inserted
  into the Practice Direction supplementing Part 65, making provision for a pilot
  scheme to operate in certain county courts for applications to join a child to
  principal proceedings and to apply for a certain anti-social behaviour order
  against that child;
• amendments to CCR Order 49, rule 17, to
  reflect recent changes to disability legislation.

A full list of the changes is set out below:

Rules

Part 2

In rule 2.3 new wording to insert definition of ‘civil restraint order’.

Part 3

In rule 3.3 new paragraph (7) inserted.

In rule 3.4 new paragraph (6) inserted.

New paragraph 3.11 ‘Power of the court to make civil restraint orders’ inserted.

Part 5

In rule 5.4 existing text replaced by new text.

Part 6

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 6.20, new text inserted after ‘will be served’.

Part 23

New paragraph 23.12 inserted.

Part 45

New text added to the table of contents.

In rule 45.10(2) sub paragraph (b) ‘body of a prescribed description within the meaning of section 30(1) of the Access to Justice Act 1999’ replaced by ‘membership organisation’.

New cross-reference inserted after rule 45.10(2) sub-paragraph (b).

New section IV ‘Fixed Percentage Increase In Employers Liability Claims’ inserted.

Part 52

In rule 52.10 new paragraphs (5) and (6) inserted.

Part 65

In rule 65.3(1) ‘section 153A, 153B or 153D’ replaced by ‘Chapter III of Part V’.

In rule 65.3 where ‘affidavit evidence’ or ‘affidavit’ occurs, it is replaced by ‘witness statement’.

Schedules

Schedule 1

CCR Order 49

In rule 17 paragraph (4) ‘section 25’ replaced by ‘section 17B or 25’.

In paragraph (6) ‘section 66’ replaced by ‘section 65’.

In paragraph (8) ‘or Schedule 3A to’ inserted after ‘section 26’.

Practice Directions

Practice Direction 3

In paragraph 7.6 existing sub-paragraphs (3) and (4) are replaced with new text.

Practice Direction 3C

A new Practice Direction is inserted, setting out:

the circumstances in which the court has power to make civil restraint orders;

the requirements and procedures in relation to civil restraint orders; and

the consequences of making such an order.

Practice Direction 4

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

Practice Direction 5

Existing paragraph 4 replaced by new paragraphs 4.1 – 4.4.

Practice Direction 7B

In paragraph 3.1, sub-paragraph (5) ‘section 139(a)’ replaced by ‘section 139(1) (a)’.

Practice Direction 22

In paragraph 5 ‘paragraph 27’ replaced by ‘paragraph 28’.

Practice Direction 32

In paragraph 28.3 the words ‘paragraph 27.2(1)’ is replaced by ‘paragraph 28.2(1)’.

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

In paragraph 7.1 the words ‘an application notice’ are replaced by ‘a witness statement or an affidavit’. In sub-paragraph (6) ‘application notice’ is replaced by ‘witness statement or affidavit’.

In paragraph 7.2 the words ‘or affidavit’ are inserted after ‘witness statement’.

In paragraph 9.1 ‘an application notice’ is replaced by ‘a witness statement or an affidavit’.

In paragraph 9.2 ‘application notice’ is replaced by ‘witness statement or affidavit’.

In paragraph 11.2 ‘an application notice’ is replaced by ‘a witness statement or an affidavit’.

In paragraph 11.3 ‘application notice’ is replaced by ‘witness statement or affidavit’.

In paragraph 11.4 ‘application notice’ is replaced by ‘witness statement or affidavit’.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 47B

Existing Practice Direction replaced by new Practice Direction.

Practice Direction 52

In paragraph 21.5, words ‘section 24 of the Social Security Administration Act 1992 and’ deleted.

After ‘Act 1998’ words ‘and paragraph 9 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000’ inserted.

In paragraph 21.10A(14), new text inserted at end of paragraph.

Practice Direction 65

In paragraph 1.1 ‘section 153A, 153B or 153D’ is replaced with new text.

After paragraph 13.1 new paragraphs 13.2 and 13.3 inserted.

Other Practice Directions

EU Competition Law

New text inserted at the end of paragraph 6.

Forms

New Forms are introduced as follows:

N19

Limited Civil Restraint Order

N19a

Extended Civil Restraint Order

N19b

General Civil Restraint Order

Coming into force

All changes come into force on 1^st October 2004 with the following exceptions:

6^th July 2004

PD 47B

With immediate effect on publication

PD52 (para.21.10A)

EU Competition Law PD

1^st September 2004

Rule 65.3

PD 65 (para.1.1)