Notes to Accompany 6th April 2011 54th and 55th Update

Introduction

The 54th and 55th Updates to the Civil Procedure Rules
introduced changes in a large number of areas:

55th Update April 2011

Amendments in the 55th Update came into force on
6April 2011 with the exception of:

Amendments to Part 79 concerning appeals against
designations under the Terrorist Asset-Freezing Act etc. 2010 which came into
force on 24 December 2010

Amendments to PD65 relating to gang-related violence
injunctions, in respect of persons aged 14-17 which come into force on the date
that section 39 of the Crime and Security Act 2010 comes into force.

54th Update October 2010

Minor amendments made in the 54th Update in relation
to hearings in the Divisional Court (Part 54 and PD52) which came into force on
20 October 2010 have been incorporated into this consolidated version of the
Rules.

Please note that amendments made in the
53rd Update in relation to gang-related violence injunctions, in respect of
persons aged 18 and over (Part 65 and PD65) come/came into force on 31 January
2011.

Amendments have been made in relation to:

Part 6 Service of Documents and PD6B Service out
of the Jurisdiction

Amendments are made to allow an address
for service, the address of a European Lawyer in a European Economic Area (EEA)
state or, for a litigant in person, the litigant’s normal residence or place of
business in the UK or failing that any EEA state. Amendments are also made to
update references to Civil Procedure Conventions or Treaties which make
provision for service of documents. Consequential amendments are made to Parts
10 and 16 and Practice Directions 7C, 7E, 16, 42 and 55B.

Part 45 Fixed Costs and Costs Practice
Direction

A new section is inserted to allow the award of
fixed costs to HM Revenue and Customs (HMRC) in claims for the recovery of
money through a county court where the matter is conducted by an HMRC
officer.

Costs Practice Direction

Amendments are made to clarify how VAT should be treated in
relation to payments to a third party that are shown as disbursements by the
legal representatives in bills of costs. The amendments ensure consistency with
the Criminal Costs Practice Direction.

PD51D Defamation Proceedings Cost Management
Scheme

The scheme is extended for a six month period to 30
September 2011 to allow collection of further data.

PD53 Defamation Claims

The
existing provisions are extended to provide for statements in open court to be
made in cases of slander and libel only, to include statements to be made in
open court following settlement of claims for malicious falsehood and misuse of
private or confidential information.

Part 54 Judicial Review and Statutory Review

Amendments made to Part 54 and consequential amendments to
PD52 came into force on 20 October 2010. The Senior Courts Act 1981 provides
that any jurisdiction of the High Court shall be exercised only by a single
judge of that court except where, by or by virtue of rules of court, the
jurisdiction is required to be exercised by a Divisional Court. Directions in
appropriate cases requiring listing before a Divisional Court have since 2000
been made in the exercise of broad general powers replacing the explicit
provision for such directions made by the former Rules of the Supreme Court.
These amendments, in accordance with section 19(3) of the Senior Courts Act
1981, make clear that the jurisdiction of the High Court in relation to
judicial review proceedings may be exercised by a Divisional Court where the
court so directs.

PD65 Anti-Social Behaviour and
Harassment

Amendments are made under which the police or a
local authority may apply to a court for an injunction against an individual
for the purposes of preventing gang-related violence. The amendments provide
that when a person aged 14 to 17 when served with a without notice injunction
is made aware of its terms and the consequences of breaching it. The court is
required to consider whether to issue directions about an application for a
litigation friend, and that a responsible adult be present when a without
notice gang injunction is served. On proved breaches of such injunctions, the
court may make a supervision order or a detention order. The amendments will
come into force on commencement of section 39 of the Crime and Security Act
2010.

PD65 Anti-Social Behaviour and
Harassment

Provisions relating to an anti-social behaviour
pilot that was not extended nationally following an evaluation of the scheme
are removed.

Part 78 and PD78 European Orders for Payment and
European Small Claims Procedures

Amendments are made to
implement an EU Directive 2008/52/EC (on certain aspects of mediation in civil
and commercial matters) to allow enforcement of the content of a written
mediation agreement made following a cross-border dispute, whilst maintaining
the confidentially of the agreement. There are consequential amendments to
Parts 5, 7, 8, 31 and 32 and PD5A.

Part 79 Proceedings under the Counter-Terrorism
Act 2008

A new section is inserted concerning appeals
against designations under the Terrorist Asset-Freezing etc. Act 2010 which
modifies the application of Part 52 to such appeals. Challenges to the
imposition by the Treasury of financial restrictions on and in relation to
certain persons believed or suspected to be, or have been involved in terrorist
activities, will be heard by way of appeal to the High Court. Other decisions
taken by the Treasury may be reviewed by the High Court judge applying the
principles applicable to judicial review.

Pre-Action Protocol (PAP) for the Resolution of
Clinical Disputes

A minor amendment to the PAP is made to
increase the time for providing a response to a letter of claim. The amendment
is to ensure consistency with other time periods in the protocol.

Pre-Action Protocol for Disease and Illness
claims

The PAP has been revised to ensure that full
information is obtained at the beginning of the claim to improve the speed of
the pre-action process payment for compensation claims for mesothelioma and
other asbestos related diseases by providing a greater flow of information and
documentation between parties to enable earlier decisions to be made on
liability.

Pre-Action Protocol for Possession Claims based
on Mortgage or Home Purchase Plan Arrears in Respect of Residential
Property

Amendments are made to reflect changes introduced
to the Mortgage Conduct of Business rules, particularly on dealing fairly with
customers in arrears. The protocol has also been strengthened to ensure that
courts have the power to insist that repossession is always the last
resort.

Changes to forms

Forms N139
has been amended.

Rules

Part 5

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Part 6

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Part 7

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Part 8

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Part 10

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Part 16

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Part 31

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Part 32

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Part 45

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Part 54

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Part 78

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Part 79

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Practice Directions

Practice Direction 5A

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Practice Direction 6B

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Practice Direction 7C

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Practice Direction 7E

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Practice Direction 16

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Practice Direction 42

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Cost Practice Direction

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Practice Direction 51D

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Practice Direction 52

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Practice Direction 53

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Practice Direction 55B

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Practice Direction 65

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Practice Direction 78

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Pre Action Protocols

Pre-Action Protocol for the Resolution of Clinical Disputes

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Pre-Action Protocol for Disease and Illness Claims

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Annex B (Template for letter of Claim) PDF

Annexes C and D inserted after Annex B

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in respect of Residential Property

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Forms

New form N139 is made available.