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Notes to Accompany 30th April 2010 52nd Update

Commencement Date

The changes are introduced as follows:

Amendments in relation to the Low Value Road Traffic Accident Personal Injury Scheme which came into force on 30th April 2010.

Amendments in relation to the notification of registered charges which came into force on 1st April 2010.

Amendments in relation to a change in terminology in relation to housing which came into force on 1st April 2010.

Part 8 Alternative Procedures for Claims; PD8B Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents – Stage 3 Procedure; and Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents .

Amendments are made to allow for the early notification of low value road traffic accident claims electronically in accordance with a Pre Action Protocol. Where the claim continues through stages 1 and 2, but cannot be agreed the claims will proceed to court by way of a modified Part 8 process set out in PD8B.

Amendments are made to Part 45 Fixed Costs and Part 36 Offers to Settle, and Part 44 General Rules about Costs to accommodate the scheme. Other consequential amendments are made to Parts 14, 21, 27, 48 and Practice Directions 2B, 4, 8, 14, Costs PD, PD52 and the Pre-Action Protocol for Personal Injury Claims.

The new process applies to claims for accidents occurring on or after 30 April 2010.

Part 55 Possession Claims

Amendments are made to require claimant to notify a registered proprietor of a registered charge where a residential mortgage possession claim is started under Part 55 of the CPR.

Part 55 Possession Claims, PD65 Anti-Social Behaviour and Harassment and PAP Possession Claims based on Rent Arrears

Amendments are made to reflect the new term ‘private registered provider of social housing’ as a consequence of the implementation of the Housing and Regeneration Act 2008.

Changes to forms

N210B is introduced.

Forms N150, N5B, N5C, N7D, N11B, N119, N119A, N122 have been amended.

Rules

Part 14: New text inserted after Rule 14.1A

Part 21: New text inserted in Rule 21.10(3)

Part 27: Text omitted in Rule 27.14(2)(f); New text substituted in Rule 27.14(2)(g); New text inserted after Rule 27.14(2)(g)

Part 36: New text substituted in the Table of Contents; New text substituted in heading above Rule 36.1; New text substituted for Rule 36.1; New text substituted in Rule 36.1(2); New text substituted in parenthesis below Rule 36.1(2); New text inserted in Rule 36.2(2)(b); New text substituted in Rule 36.3(4); New text substituted in parenthesis below Rule 36.14(6); New text inserted after Rule 36.15

Part 44: New text inserted in Rule 44.12A(4A); New test inserted after Rule 44.12B

Part 45: New text inserted in Table of Contents; New text substituted in Rule 45.7(3); Text omitted in 45.15(4)(b); New text substituted in Rule 45.15(4)(c); New text inserted after Rule 45.15(4)(c); New text inserted after Rule 45.26

Part 48: New text inserted in Rule 48.5(2)(b)(ii)

Part 55: Text omitted in Rule 55.10(2)(a); Test substituted in Rule 55.10(2)(b); New text inserted after Rule 55.10(2)(b); New text inserted in Rule 55.11(3)

Practice Directions

Practice Direction 2B: New text substituted in paragraph 11.1(a)

Practice Direction 4: New text substituted in Table 1 after N210A

Practice Direction 8: New text substituted in title to PD

Practice Direction 8B: New Practice Direction inserted

Practice Direction 14: New text substituted in parenthesis below paragrph 1.1(2)

Practice Direction 43–48: New text substituted in paragraph 25A.6

Practice Direction 52: New text substituted in paragraph 5.6A(1); New text substituted after paragraph 5.6A(1)

Practice Direction 65: New text substituted in paragraph 1.1; New text substituted in paragraph 5.1(2); New text inserted in paragraph 7.1(2); New text substituted in paragraph 16.1

Pre Action Protocols

Pre-Action Protocol for Personal Injury Claim: New text substituted after paragraph 2.10New text substituted in paragraph 3.1

Pre-Action Protocol for Possession Claims Based on Rent Arrears: New text substituted after heading Aims and Scope of the Protocol

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents: New protocol inserted

Forms

New versions of N150, N5B, N5C, N7D, N11B, N119, N119A and N122 are made available.

New form N210B is made available.

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