CPR - 49th Update
CPR – 49th Update
The 49th update to the Civil Procedure Rules (CPR), is due to come into force fully on 06 April 2009 (with the exception of Part 79 which came into force on 4 December 2008 and changes to PD52 on appeals relation to the Upper Tribunal which came into force on 9 January 2009). The amendments are previewed on the ‘What’s New’ page on the CPR website.
Mortgage Pre Action Protocol
A new PAP came into force in November this year and can be viewed on the CPR website.
Financial restrictions proceedings under the Counter Terrorism Act 2008
On 2 December 2008 (coming into force 4 December) a new Part 79 to the Civil Procedure Rules was made to support proceedings in the High Court and the Court of Appeal under the Counter Terrorism Act 2008. Although the rules come into force on 4 December 2008 they will cease to have effect after 40 days if not approved by a resolution of each House of Parliament. If they are not approved the Lord Chancellor has power to make rules to the same or similar effect, subject to the same affirmation resolution procedure. The Counter Terrorism Act provides for applications to the High Court to set aside asset freezing and other financial restriction decisions and directions/orders. These and the appeal to the Court of Appeal are set out in the new Part 79.
Although already in force this will form part of the 49th Update of the CPR. A copy of the SI which includes the new Part 79 in full is attached.
