Civil Procedure Rules
What's New?
[This page was last updated on 27th October 2010]
Updates
54th Update
Further update - with effect from 20 October 2010
Part 54 Judicial Review and PD52 Appeals
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.
These amendments will be included in the main body of text and in the printed and electronic version of the rules in the next update of the Civil Procedure Rules coming into force in April 2011. In the interim the changes can be viewed in the Civil Procedure (Amendment no 3) Rules 2010 Statutory Instrument (opens new window). You can also view the practice direction amendments by viewing the Practice Direction Making Document (opens new window).
53rd Update October 2010
The 53rd Update to the Civil Procedure Rules introduces changes in a large number of areas. All amendments come into force on 1st October 2010 with the exception of:
Amendments providing rules for applications for gang-violence related injunctions which come into force when Part 4 of the Policing and Crime Act 2009 commences.
Part 31 Disclosure and Inspection of Documents and new PD31B Disclosure of Electronic Documents
A new Practice Direction is introduced to regulate the approach practitioners should take when considering material relevant to a case which is stored electronically. In particular it aims to focus the parties on the sources of electronic material and give guidance to those with less experience of dealing which such issues. This will apply to cases that are or likely to be allocated to the multi-track. The rule change supports the new Practice Direction by confirming that the questionnaire may be treated as a disclosed document. Note: Form N150 is amended to support this change.
A typographical error in PD31B (Question 8 in the questionnaire) has been identified.
Please Note: Question 8 in the questionnaire should read:
8.
If the answer to Question 6 or 7 is yes, state whether (a) attachments to e-mails (b) compressed files (c) embedded files and (d) imaged text will respond to your Keyword Searches or other automated search.
PD39B Court Sittings
Amendments are made to allow for the late commencement of the Easter term in 2011.
PD51B Automatic Orders Pilot Scheme
The scheme is extended for a six month period until 31 March 2011.
PD51D Defamation Proceedings Costs Management Scheme
The scheme is extended for a six month period until 31 March 2011.
PD51E County Court Provisional Assessment Pilot Scheme
A pilot scheme allowing for a streamlined procedure for the assessment of Bills of Cost under £25,000 in three county courts (Leeds, Scarborough and York) for a period of one year is introduced. The intention is to ascertain the viability of assessing lower value bills of costs on paper in the first instance. Parties will be able to request an oral hearing if they are dissatisfied with the outcome of the assessment.
Part 55 Possession Claims and CCR O.26 Warrants of Execution, Delivery and Possession
Amendments are made to allow unauthorised tenants living in a mortgaged property to apply to the court for postponement of the date of delivery of possession. Amendments are also made requiring a lender to notify all tenants/occupiers of a property before taking steps to enforce a possession order. An unauthorised tenant may then apply to the lender for a delay in execution to allow the tenant time to find another home. If the lender does not agree to an extension of time the unauthorised tenant may apply to the court for a decision. Note: Form N325 is amended to support this change.
PD62 Arbitration
Amendments are made to the Practice Direction to regulate the material submitted in connection with the permission to appeal process.
Part 63 Intellectual Property Claims and PD63 Intellectual Property Claims
The rules and Practice Direction are amended to provide a simpler route for lower value claims including scale costs for each stage of the process with a total cap on costs of £50,000.00 for a claim relating to liability and £25,000 for an inquiry as to damages or account of profits. Consequential amendments are made to PD30, Part 45 and the Costs Practice Direction.
Part 65 Proceedings relating to Anti-Social Behaviour and Harassment
Amendments are made to allow police and local authorities to apply to the court to obtain an injunction against a gang member, where the applicant shows that the individual has engaged in, encouraged or assisted gang-related violence. Where an injunction is breached the individual may be found to be in contempt of court and liable to be punished in accordance with the Contempt of Court Act 1981. There are consequential amendments to Part 30, Part 52, PD2B, PD52, and PD65. Note: these amendments will not come into force until Part 4 of the Policing and Crime Act 2009 commences.
PD70 Enforcement of Judgments and Orders
A streamlined process to allow enforcement of settlements which have been negotiated by ACAS, which have not been honoured, is introduced. The creditor will be able to instruct a High Court Enforcement Officer to issue proceedings for a Writ of Fieri Facias on their behalf, and to undertake enforcement of the Writ. Note: Form N471A is introduced to support this process.
PD74A Enforcement of judgments in Different Jurisdictions and PD74B European Enforcement Orders
Amendments are made to include Registrars sitting in the Chancery Division in the list of judiciary that can approve applications for certified copies of judgments or Certificates of Judgment.
PD75 Traffic Enforcement
Amendment to the rules relating to operation of the Traffic Enforcement Centre to ensure the terminology used mirrors the procedure where a court officer's decision is reviewed by the judge rather than an appeal being lodged.
Part 77 Miscellaneous Provisions in Support of Criminal Justice Scheduled Rules:
RSC Order 116 Criminal Procedure and Investigations Act 1996 is moved to Part 77. Please note that RSO.116 is omitted and there is a consequential amendment to PD8.
RSC O.115 Confiscation and Forfeiture in Connection with Criminal Proceedings
Amendments are made to allow for application for a domestic freezing order certificate in conjunction with a restraint order where proceedings have been started against an individual for an offence under sections 15-18 of the Terrorism Act 2000 (fund raising, money laundering, fund arranging and use of money or property for the purpose of terrorism). Amendments are also made to allow for the consideration, on receipt from the Secretary of State, of an overseas freezing order and for the court to give effect to and register that order. Provisions are also made to allow any individual who is the subject of, or affected by, a domestic or overseas freezing order to make an application to the court to vary or discharge the order. Consequential amendments are made to the Practice Direction to Order 115.
RSC O.116 omitted
Pre-Action Protocol for the Resolution of Clinical Disputes
The Pre-Action Protocol for the Resolution of Clinical Disputes is amended to extend the time the defendant has to reply to a letter of claim from three to four months, and to include a provision that any letter of claim to an NHS Trust or Independent Sector Treatment Centre is copied to the NHS Litigation Authority.
PD Proceedings relating to Enactments relating to Equality
The Practice Direction is amended to reflect the implementation of the Equalities Act 2010 which consolidates and harmonises the existing discrimination in a single piece of legislation.
Changes to forms
N471A is introduced
Forms N150, and N325 have been amended
Preview
You can preview the rule changes in this amendment by viewing the Civil Procedure (Amendment No.2) Rules 2010 Statutory Instrument (opens in new window). You can also view the Practice Direction and Pre-Action Protocol amendments by viewing the Practice Direction making document (opens in new window).
Council framework document (PDF - opens in new window).
52nd Update March 2010
The 52nd Update to the Civil Procedure Rules introduced changes in a large number of areas. The changes came into force 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 registered charge which came into force on 1st April 2010.
Amendments in relation to a change in terminology 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 were made to allow for the early notification of low value road traffic accident claims electronically in accordance with the Pre Action Protocol. Where the claim continues through stages 1 and 2, but cannot be agreed the claims proceed to court by way of a modified Part 8 process set out in PD8B.
Amendments were 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 were 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 process applies to claims for accidents occurring on or after 30th April 2010.
Part 55 Possession Claims
Amendments were made to require the 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 were 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 was introduced
Forms N150, N5B, N5C, N7D, N11B, N119, N119A, N122 were amended
Preview
You can preview the rule changes in this amendment by viewing the Civil Procedure (Amendment) Rules 2010 Statutory Instrument (opens in new window). You can also view the Practice Direction and Pre-Action Protocol amendments by viewing the making document (PDF - opens in new window).
CPR Index
An html CPR index is available which incorporates 51st update changes. Should you have any comments about the web index we'd appreciate your feedback.
Problems with court forms?
Her Majesty's Courts Service (HMCS) is responsible for the provision of the CPR forms - if you have any comments or observations about the availability of court forms, please e-mail HMCS.
HMCS launched a new-look website which has resulted in changes to many of its links. If you bookmarked any forms prior to 30 January you will need to re-mark them.
