Notes to Accompany 6th April 2008 46th Update

Coming into force

The amendments included in this update come into
force on 06 April 2008 with the following exceptions:

14^th January
2008

• Amendments to PD 49 relating to the
  Companies (Cross-Border Mergers) Regulations 2007; and
• PD 52, paragraph 2A.1

31^st March
2008

• Amendments to Part 75 and the Accompanying
  Practice Direction.

01^st April
2008

• Amendments to the Civil Recovery
  Proceedings Practice Direction; and
• PD 47, paragraph 49A.5(3).

Introduction

The 46^th Update to the Civil
Procedure Rules introduces changes in a large number of areas:

Part 3 is amended to extend the sanction
of striking out a claim to include the non-payment of a hearing fee or court
fee (where the claim proceeds on the counterclaim alone) and replace reference
to ‘exemption or remission’ of court fees with ‘full or part
remission’ of court fees to reflect amendments to the Civil Proceedings
Fees Order 2004 (S.I. 2004/3121).

Part 19 is amended to correct a couple of
minor inconsistencies occurring after procedure consequential on the Companies
Act 2006 was implemented in the 45^th update.

Part 52 is amended to correct a
typographical error appearing in the heading to one of the Sections.

Part 54 is amended to reflect an
amendment to the Supreme Court Act 1981 that allows the High Court to
substitute its own decision for that of inferior courts and tribunals in
judicial review proceedings. A number of rules in this Part relating to
statutory appeals under section 101 of the Nationality Immigration and Asylum
Act 2002 have been revoked as this section of the Act has now been
repealed.

Part 57 is amended to bring it in line
with the new concepts created by the Mental Capacity Act and changes to the
rules in the 45^th update.

Part 75 and the accompanying practice
direction is amended as a consequence of regulations relating to parking
enforcement made by the Department for Transport and the Welsh Assembly
Government under section 82 of the Traffic Management Act 2004 (Traffic
Enforcement provisions).

Part 76 is amended to deal with drafting
comments made by the Joint Committee on Statutory Instruments on the rules
governing control order court procedures.

A new part 77 introduces procedures to
enable applications for, or relating to serious crime prevention orders
introduced by the Serious Crime Act 2007. A new practice direction supports the
new rules dealing with these applications.

RSC Order 96 is revoked. This scheduled
rule has been incorporated into part 8 in the 45^th update
to allow for modernisation.

PD3D is created to deal with court
procedure for mesothelioma claims.

PD8 is amended to include reference to
proceedings under the Trustee Act 1925 in the table specifying the Division to
which an application is assigned for applications in the High Court.

PD16 is amended to correct a
typographical error where the wrong paragraph is referenced in the text.

PD19C is amended to ensure consistency
with the rules governing procedure for derivative claims.

PD47 and the Civil Recovery
Proceedings PD is amended as a result of the abolition of the Asset
Recovery Agency by the Serious Crime Act 2007.

PD 49 is amended to incorporate
provisions of the Companies Act 2006 coming into force in April 2008, and to
provide a new High Court procedure to deal with the cross border merger of
limited liability companies under the Companies (Cross-Border Mergers)
Regulations 2007.

PD52 is amended to enable third parties
to make representations in applications for, or relating to serious crime
prevention orders and table 1 has been amended to clarify the appeal routes for
final decisions in Part 7 and Part 8 claims.

PD55B has been amended to remove the
temporary provision inserted in the 45^th update to ensure
that claimants were informed of where they should be including details of
statutory grounds on possession claims.

PD69 has been amended to include
reference to the Insolvency Practitioners Regulations 2005 which replace the
similarly titled 1990 regulations.

The PD Governing Proceedings under Enactments
Relating to Discrimination is amended as a consequence of the Equality
Act 2006.

The PD (Bills of Sale), supplementing
RSC Order 95 is revoked as the relevant contents of RSC Order 95 were
incorporated into practice direction 8 in the 45^th
update.

Rules

Part 3

Rule 3.7(1), new text inserted, substituted and omitted.

Rule 3.7(2), new text substituted.

Rule 3.7(4), new text substituted.

Rule 3.7(5), new text substituted.

Rule 3.7(7), new text substituted.

Rule 3.7A(1), new text substituted.

Rule 3.7A(2), new text substituted.

Rule 3.7A(4), new text substituted.

Rule 3.7A(5), new text substituted.

Rule 3.7A(7), new text substituted .

Part 19

Rule 19.9(1), new text substituted.

Rule 19.9A(1), new text substituted.

Rule 19.9C(5), new text substituted.

Rule 19.9D, new text substituted.

Rule 19.9F, new text substituted.

Part 52

New text substituted in the heading following Rule 52.17.

Part 54

Text omitted in the table of contents.

Rule 54.19(2), new text substituted.

Rule 54.19(3) and the parenthesis following that rule omitted.

Heading omitted following Rule 54.20.

Rules 54.21 to 54.27 omitted.

Part 57

Rule 57.7(4), new text substituted.

Part 75

Rule 75.1, new text inserted.

New text inserted in the parenthesis following 75.1(1)(b).

Rule 75.1(2), new text inserted and substituted.

Rule 75.2(2), new text substituted.

Rule 75.3(2), new text inserted.

Rule 75.3(3), new text substituted.

Rule 75.3(4), new text substituted.

Rule 75.3(5), new text substituted.

Rule 75.3(6) omitted.

Rule 75.5(1), new text inserted.

Rule 75.6, new text substituted.

Rule 75.8, new text inserted.

Rule 75.9, new text substituted.

Rule 75.10, new text substituted.

Rule 75.11, new text substituted.

Part 76

Rule 76.1(3), text omitted.

Rule 76.14(1), new text inserted, substituted and omitted.

Rule 76.23, new text substituted.

Rule 76.25(3), new text substituted.

Rule 76.29(2), new text inserted.

Rule 76.33(4), new text substituted.

Part 77

New part inserted.

Practice Directions

Practice Direction 3D

New practice direction 3D inserted after practice direction 3C

Practice Direction 8

New text inserted in table at paragraph 9.

Practice Direction 16

New text substituted at paragraph 10.5

Practice Direction 19C

New text substituted at paragraph 1(b)

New text substituted in the forms at the end of the practice direction

Practice Direction 47

Text deleted and new text inserted at paragraph 31.1

New text substituted at paragraph 49A.5(3)

THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 49

New text substituted and inserted in the table of contents

New text substituted and inserted at paragraph 1

Text deleted, and new text substituted and inserted at paragraph 2

Text deleted, and new text substituted and inserted at paragraph 4(1)

New text inserted in the heading to paragraph 5

New paragraph (3) inserted after paragraph 5(2)

Text deleted at paragraph 6(2)

New text inserted in the heading to paragraph 7

New text substituted in the heading to paragraph 8

New paragraph substituted at paragraph 10(2)

New paragraph substituted at paragraph 11(2)

New text substituted at paragraph 12

New headings and paragraphs 12A to 12D inserted after paragraph 12

New text substituted at paragraph 13

New text substituted at paragraph 14

Text deleted at paragraph 15(2)

New text substituted at paragraph 16(1)

New paragraph 16(1A) inserted after paragraph 16(1)

New text inserted at paragraph 16(2)(c)(ii)

New text inserted at paragraph 16(3)

New text substituted at paragraph 16(4)

New heading and paragraph 16A inserted after paragraph 16(4)

New text inserted at paragraph 17(1)

New headings and paragraphs 17A to 17D inserted after paragraph 17(5)

New text substituted and inserted at paragraph 18(1)(a)

Paragraph 21(2) deleted

Practice Direction 52

New table 1 substituted at paragraph 2A.1

New paragraph 21.13 inserted after the parenthesis following paragraph 21.12

Practice Direction 55B

Text omitted from paragraph 6.2A

Parenthesis following paragraph 6.2A omitted

Practice Direction 69

New text inserted at paragraph 1.1(3)

New text substituted and inserted at paragraph 7.2(1)

Practice Direction 75

New text substituted at paragraph 1.1(6)

New paragraphs (7) to (10) inserted after paragraph 1.1(6)

Text deleted and new text substituted and inserted at paragraph 1.2

New paragraphs 1.2(8) to (11) inserted after paragraph 1.2(7)

Text deleted and new text substituted and inserted at paragraph 1.3

New paragraph substituted at 3.1

New paragraph 3A.1 inserted after paragraph 3.1

Text deleted and new text inserted at paragraph 4.1

New text inserted in the heading to paragraph 5.1

New paragraph substituted at 5.1

New text inserted at paragraph 5.2(1)

New text substituted at paragraph 5.2(2) and in the following parenthesis

New text inserted at paragraph 5.3

New text inserted at paragraph 5.4

New text substituted at paragraph 5.6

New paragraph 6.3 inserted after paragraph 6.2

New text substituted at paragraph 7.2

New text inserted in the parenthesis following paragraph 8.1(2)

Practice Direction 77

New practice direction inserted to supplement Part 77

Schedule 1

RSC O.95 Practice Direction

Revoked.

RSC O.96

Revoked.

Other Practice Directions

Civil Recovery Proceedings

New text substituted at paragraph 1.1

New paragraph substituted at 1.2

New text inserted at paragraph 1.3

Text deleted and new text substituted and inserted at paragraph 1.5

Text deleted and new text substituted at paragraph 2.1

New paragraph substituted at 2.2

Text deleted in the heading to paragraph 3.1

New text substituted and inserted at paragraph 3.1

New text substituted at paragraph 4.1

New text substituted at paragraph 4.3

New text substituted at paragraph 4.4

New heading substituted for the heading above paragraph 5.1

New text inserted at paragraph 5.1

Text deleted and new text substituted and inserted at paragraph 5.2

Text deleted and new text substituted at paragraph 5.3

New paragraph 5.3(3) inserted after paragraph 5.3(2)

New text substituted and inserted at paragraph 5.5

New paragraph 5.5A inserted after paragraph 5.5

New text substituted at paragraph 5.6

New text substituted at paragraph 5A

New text inserted in the heading over paragraph 6.1

New paragraph substituted at paragraph 6.1

New text inserted at paragraph 6.2(1)

Text deleted and new text substituted in the heading above paragraph 7.1

New text substituted and inserted at paragraph 7.1

New text inserted at paragraph 7.2

New text substituted at paragraph 7.3

Text deleted and new text inserted at paragraph 7B.2

New text inserted in the heading to Section III

Text deleted and new text inserted at paragraph 8.1

New text substituted and inserted at paragraph 9.3

New text substituted in the parenthesis following paragraph 9.3

New text substituted at paragraph 10.2

New text substituted at paragraph 12.1(1)

New text substituted at paragraph 12.3

New text inserted at paragraph 14.1

New text substituted at paragraph 14.2

New text substituted and inserted at paragraph 14.4(3)

New text substituted at paragraph 14.6 and the following parenthesis

New text substituted at paragraph 14.7

New text substituted at paragraph 15.1

New text substituted at paragraph 15.2(2)

New text substituted at paragraph 15.3

New text substituted at paragraph 16.3

New text substituted and inserted in the annex to the practice direction

Proceedings Under Enactments Relating to Discrimination

New paragraph substituted at 1.2

New text substituted at paragraph 1.3

Text deleted and new text substituted and inserted at paragraph 2.1

New text substituted at paragraph 3

New text substituted and inserted at paragraph 4.1

Text deleted and new text substituted and inserted at paragraph 5.1

Text deleted and new text substituted and inserted at paragraph 5.2

Text deleted and new text substituted at paragraph 6.1

New text substituted at paragraph 6.2

New text substituted at paragraph 6.3(a)

Text deleted in the heading above paragraph 7.1

Paragraph s 7.1 and 7.1 deleted