Coming into force
All the amendments including in this update come
into force on 6 April 2009 with the following exceptions:
Part 79 in relation to Financial Restrictions
proceedings under the Counter-Terrorism Act 2008 came into force 4 December
2008; and
Practice Direction 52 Appeals. Changes in relation to
statutory appeals come into force on 9 January 2008.
Introduction
The 49th Update to the Civil
Procedure Rules introduces changes in a large number of areas:
Consequential amendments have been made to Part 1,
Part 3, Part 7, Part 14, Part 16, Part 30, and RSC O.115 and to PD55, PD64, the
PD on Devolution Issues, the Pre Action Protocol for Judicial review and to the
Glossary.
Part 7 How to start proceedings – the
Claim Form and PD7C Production Centre
Amendments allow for claims to be issued electronically through the Money Claim
Online and Court Production Centre where the particulars of claim are to be
served separately.
PD7D Claims for the recovery of
taxes
Amendments extend the list of taxes and duties subject
to the streamlined procedure set out in PD7D. These include student loan
repayments deductible by or recoverable from the employer, VAT, insurance
Premium Stamp Duty Land Tax, Environmental Taxes, and Duties of Custom and
Excise.
Part 14 Admissions
An
amendment to Rule 14.1A(2)(a) as a consequence of a new PD on Pre Action
Conduct.
Part 26 Case Management
For
those claims issued on or after 6 April 2009 the financial limit of the fast
track procedure is increased from £15,000 to £25,000.
Part 44 General Rules about Costs and
PD supplements Parts 43–48 Costs
New rules to
allow applications for and variation of costs capping orders on future costs
are inserted and the Practice Direction is amended.
Part 46 Fast Track Trial
Costs
The table setting out the amount of fast track trial
costs, which may be awarded by the court, is amended. An additional entry of
£1,650 is inserted for those fast track cases where the value of the
claim is more than £15,000. The original entry is modified to cover
claims in the £10,000 – £15,000 band.
PD52 Appeals
As a consequence
of the creation of a new Tribunal systems, including the new Upper Tribunal
PD52 is amended. These changes come into force on 9 January 2009.
PD54D Judicial Review (Administrative Court
(Venue)
A new Practice Direction supplementing Part 54 is
inserted setting out the procedures for issue, administration and hearing of
cases outside London and Cardiff.
Part 55 Possession Claims and
PD55
This Part is amended to extend the period of
notice about a possession claim that must be given by the claimant to the
occupiers of the relevant property.
Part 70 General Rules about Enforcement of
Judgments and Orders and PD70
This provision
enables the enforcement of negotiated settlements in employment tribunal cases
to be enforced as if payable under a court order.
Part 75 Traffic Enforcement and
PD75
This amendment enables requests for a review of a
court officer’s decision to be determined without an oral hearing unless
the person making their request asks for a hearing or the court orders a
hearing. Provision is also made to enable an authority to request reissue of
warrants (within the 12 month validity period) where the respondent’s
address has changed since the issue of the warrant.
Part 79 Financial Restrictions proceedings under
the Counter – Terrorism Act 2008
This new Part came
into force on 4 December 2008 and provides for financial restrictions
proceedings, including the application to the High Court to set aside a
financial restrictions decision.
CCR Order 26 Warrants of Execution, Delivery and
Possession
This amendment requires a person requesting a
warrant of possession to be issued to file a request certifying that the land,
which is subject of the judgement or order, has not been vacated.
Practice Direction –
Protocols
A new Practice Direction is created on the
Pre-Action Conduct of parties. This includes the requirement in
business debt claims for the creditor to provide information about sources of
advice to the debtor before issuing proceedings. A consequential amendment is
made to Rule 14.1A92)(a) on introduction of this new Practice Direction.
Rules
- Part 1
- New text substituted in Rule 1.2(b)
- Part 3
- New text substituted at Rule 3.1(4)
- New text inserted at Rule 3.1(4)
- Part 7
- New text substituted at Rule 7.4(3)
- Part 14
- New text substituted at Rule 14.1A(2)(a)
- New text inserted at Rule 14.1A(2)(a)
- New text substituted at Rule 14.1A(2)(b)
- Part 16
- New text substituted at Rule 16.3(2), Rule 16.3(3) and Rule 16.3(4)
- Text omitted at Rule 16.3(4)(b)
- New text substituted at Rule 16.3(5)(a)
- New text substituted at Rule 16.3(6) and Rule 16.3(6)(a)
- Text omitted at Rule 16.3(6)(b)
- Part 26
- Text omitted at Rule 26.6(1)(a)(i) and Rule 26.6(1)(a)(ii)
- New text substituted at Rule 26.6(1)(b)
- Text omitted at Rule 26.6(1)(b)(iii) and Rule 26.6(3)
- New text substituted at Rule 26.6(4)
- Part 30
- New text inserted after Rule 30.6
- Part 44
- New text inserted in table of contents
- New text inserted at Rule 44.3(5)(a)
- New text inserted after Rule 44.17
- Part 46
- New text inserted in the table at Rule 46.2
- New text substituted at Rule 46.2(3)(b) and Rule 46.2(3)(b)(iii)
- New text substituted at Rule 46.2(6)(c)
- Text omitted in the parenthesis below Rule 46.2(6)
- Part 55
- New text substituted at Rule 55.10(2)
- Part 70
- New text substituted in the table of contents
- New heading and text substituted at Rule 70.5
- Part 75
- New text inserted in the table of contents
- New text substituted at Rule 75.5
- New text inserted after Rule 75.5
- New text substituted at Rule 75.7(6)
- New text inserted after Rule 75.7(6)
- Part 79
- New Part inserted
Practice Directions
- Practice Direction 3D
- New text inserted at paragraph 9
- Practice Direction 7A
- New text substituted at paragraph 2.1
- New text substituted at paragraph 3.3
- New text substituted at paragraph 3.6(1)
- New text substituted at paragraph 3.7
- New text substituted in parenthesis below paragraph 3.9
- New text substituted at paragraph 4.1(4)
- New text substituted at paragraph 5B.2
- New text substituted in parentheses below paragraph 5B.3
- New text substituted at paragraph 5C.1(2)
- New text substituted at paragraph 5C.1(3)
- New text substituted at paragraph 6.1
- Text omitted at parenthesis below paragraph 7.3
- Practice Direction 7B
- Omit sub-paragraph 5A at paragraph 3.1
- Text omitted at sub-paragraph 6(b) at paragraph 3.1
- Text omitted and new text substituted at 10.2
- omit paragraph 10.2A
- New text substituted at paragraph 10.3
- Practice Direction 7C
- Substitute whole of PD for new text
- Practice Direction 7D
- New text inserted in heading to PD
- New text substituted in paragraph 1.1(e)
- New text inserted after paragraph 1.1.(e)
- New text inserted below paragraph 3.1
- Practice Direction 7E
- Substitute to the whole of the PD for new text
- Practice Direction 8
- New text inserted in the table following paragraph 9.4
- New text substituted in heading above paragraph 20.1
- Text omitted in paragraph 20.1(2)
- New text substituted in paragraph 20.1(3)
- New text inserted after 20.1(3)
- New text inserted at paragraph 22.3
- Practice Direction 24
- New text inserted at paragraph 2(6)
- Practice Direction 28
- New text inserted at paragraph 3.2
- Text omitted at paragraph 3.13(2)
- New text inserted at paragraph 3.13(2)
- Practice Direction 29
- New text inserted at paragraph 4.2
- Practice Direction 43–48
- Text omitted at paragraph 4.6(7)
- New text inserted at paragraph 4.6(7)
- New text inserted after paragraph 19.2(4)
- Text omitted at paragraph 19.2(5)
- New text inserted after paragraph 23.18
- Practice Direction 52
- New text substituted at paragraph 17.3 and heading to paragraph 17.3
- New text inserted after paragraph 17.4
- New text substituted at paragraph 17.5(1)
- New text substituted after paragraph 17.5(1)
- text omitted in the table at paragraph 20.3
- New text inserted at paragraph 21.4
- Text omitted at paragraph 21.5, heading to paragraph 21.5, and parenthesis following paragraph 21.5(5)
- Text omitted at paragraph 22.5 and the heading to paragraph 22.5
- Practice Direction 54A
- New text substituted in title to the PD54
- New text inserted after paragraph 2.1
- Text omitted at paragraphs 2.2, 2.3, 2.4, 3.1 and 3.2
- New text substituted in paragraph 5.4(1)
- New text substituted in paragraph 5.5
- Text omitted in paragraph 8.3
- THIS LINK HAS BEEN ARCHIVED. PLEASE CHECK THIS LINK Practice Direction 54B
- New text substituted in title to PD
- Practice Direction 54C
- New text substituted in title to PD
- Practice Direction 54D
- New Practice Direction inserted
- Practice Direction 55
- New text substituted at paragraph 10.8
- Practice Direction 64
- New text inserted at paragraph 7.5
- New text substituted at paragraph 7.5
- Practice Direction 70
- New text substituted at paragraph 4 and heading to paragraph 4
- New text substituted at heading to paragraph 5
- Practice Direction 75
- Text omitted at paragraph 6.1
- New text substituted at paragraph 6.2
- Text omitted at paragraph 6.2
Schedule 1
- RSC O.115 Practice Direction
- New text substituted in Rule 16(1)
- New text inserted in Rule 16(1)
- New text substituted at Rule 32(1)
- New text inserted at Rule 32(1)
Schedule 2
- CCR O.26 Practice Direction
- New text substituted at Rule 17(2)
Other Practice Directions
- Devolution Issues (and Crown Office Applications in Wales)
- New text substituted at paragraph 14.1 and heading to paragraph 14.1
- Text omitted at paragraph 3 of Annex 2 to the PD
Pre Action Protocols
- Pre Action Protocol Practice Direction
- PD substituted with new text
- Pre Action Protocol Judicial Review
- New text substituted at paragraph 3.3
- New text substituted in first bullet point in Annex A, Section 2
- New text substituted in second bullet point in Annex A, Section 2
- New text substituted in fourth bullet point in Annex A, Section 2
Glossary
New text substituted at definition of
Pre Action Protocol
Forms
New versions of N225, N322A, N461 and N461 (notes for
guidance) and N462 are made available.
New forms N322B, N464, N465 and Ex80B are made
available.
Updated: Monday, 30 January 2017