Introduction

The 37^th Update of the Civil Procedure Rules introduce a number of notable changes to procedures, including the following;

• A new Section II of Part 41 is inserted,
  making provision about the exercise of the court’s powers under section 2(1) of
  the Damages Act 1996 to order that all or part of an award of damages in
  respect of personal injury is to take the form of periodical
  payments.
• Amendments have been made to Part 36 to
  ensure that the scheme for offers to settle and payments into court can work in
  cases in which periodical payments may be awarded.
• The Practice Direction supplementing Part
  49 (Applications under the Companies Act etc.) is amended to make provision for
  two types of application.
  
  • New paragraph 3B deals with
    applications relating to the formation of a European public limited-liability
    company (or Societas Europaea) by merger under Council Regulation (EC) No
    2157/2001 of 8 October 2001 on the Statute for a European company
    (SE).
  • New paragraph 14 deals with
    applications under section 59 of the Criminal Justice and Police Act 2001
    relating to property seized in connection with a company investigation under
    Part XIV of the Companies Act 1985.
• The Practice Direction supplementing Part
  52 is amended by adding a new paragraph 23.8C dealing with appeals to the High
  Court against a decision of the Secretary of State or a national financial
  supervisory authority to oppose certain steps being taken in relation to a
  European public limited-liability company.

A full list of the changes is set out below;

Rules

Part 36

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 36.3, cross-reference inserted to take into account new rule 36.2A.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKNew rule 36.2A inserted.

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 36.4, cross-references inserted to take into account new rule 36.2A.

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 36.10, new paragraph inserted (3A), and cross-references inserted to take account of new paragraph (3A).

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 36.20, new paragraph inserted (1(c).

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 36.21, cross-reference inserted to take into account new rule 36.2A.

In THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKrule 36.23(4), reference to rule 36.20 amended to 36.20(1)(a), and THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKnew paragraph added (4A).

Part 41

Table of contents amended to take into account new Section II.

In rule 41.1, cross-reference inserted to take into account new Section II.

New Section II inserted after rule 41.3.

Practice Directions

Practice Direction 21

In paragraph 6.1, heading amended and reference to paragraph 6.4 added to sub-paragraph (3).

In paragraph 6.3, new sub-paragraph (3) inserted.

Paragraph 6.4 replaced.

After paragraph 6.5, new paragraphs 6.6–6.9 inserted.

Practice Direction 29

Heading to paragraph 3A replaced with new text.

Paragraph 3A replaced with new text.

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

In paragraph 1.7 cross-reference inserted to refer to new rule 36.2A.

New paragraph 5.3A inserted after paragraph 5.3.

New paragraph 7.2A inserted after paragraph 7.2.

In paragraph 7.11, cross-reference inserted to refer to new rule 36.2A.

New paragraph 12 inserted.

Practice Direction 40C

Is revoked.

Practice Direction 41B

New practice direction inserted to deal with new periodical payments provisions of Part 41 – “Periodical Payments Under the Damages Act 1996”.

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINKPractice Direction 49B

The title of the Practice Direction is amended.

In paragraph 1, new definitions of “the CJPA,” “the EC Regulation” and “SE” are inserted.

In paragraph 2(1), references to the EC Regulation and CJPA are inserted.

Paragraph 3 is amended to refer to all applications to which the Practice Direction applies.

After paragraph 3A, a new paragraph 3B is inserted, setting out the procedures for applications relating to the formation of a European public limited-liability company.

Paragraph 10 is amended to refer to all applications to which the Practice Direction applies.

After paragraph 13, a new paragraph 14 is inserted, setting out the procedure for applications relating to property seized in connection with a company investigation.

Practice Direction 52

Paragraph 13.2 replaced with new text.

Paragraph 13.5 replaced with new text.

In paragraph 23.2, a new sub-paragraph (18) is inserted.

After paragraph 23.8A, a new paragraph 23.8B is inserted, setting out the procedure for appeals against the opposition of the Secretary of State or a national financial supervisory authority to certain steps being taken in relation to a European public limited-liability company.