CPR - 50th Update
The 50th update to the CPR introduces changes in a large number of areas. You may want to note the following amendments:
PD2A – Court Offices
Amendments are made to the practice direction supporting Part 2A of the CPR, to rationalise court office opening times throughout the court system. A formula is created which will establish the days on which court offices will open before and after Christmas, including the designated privilege day.
PD7C Production Centre and PD7E Money Claim Online
A paragraph is re-inserted to disapply rules in respect of additional documentation in contract claims issued through the Court Production Centre.
PD32 Attorney General’s Address and PD Devolution Issues
Amendments are made to amend the address of the Attorney General’s office. A consequential amendment is made to the PD – Devolution Issues.
Part 35 and PD35 Experts and Protocol for the Instruction of Experts to give Evidence in Civil Claims
Amendments are made to: clarify the definition of an expert and provide guidance to reduce any inconsistency in the appointment of single joint experts; revise the expert’s statement of truth; and ensure that the questions posed to experts are proportionate and appropriate. Consequential amendments are made to the Annex, PD28 and PD29
Part 44 and PD supplementing Parts 43 to 48
Measures are introduced requiring parties to notify other parties of the existence of, and information about an After the Event insurance premium. Penalties can be applied where the existence of a premium is not disclosed. Provision is made for a specified period after notification of an ATE premium when a defendant, who admits liability and offers to settle, will not incur liability for payment of the claimant’s ATE insurance policy if the matter settles without court proceedings. Publication proceedings are defined. Consequential amendments are made to the PD on Pre Action Conduct. Transitional provisions are set out at paragraph 19.6 of the practice direction.
Part 49 and PD49A, B Companies Act 2006
Minor amendments are made consequential on the implementation of the remaining sections of the Companies Act 2006. Consequential amendments are made to Part 6, Part 74 and PD39
PD51B Automatic Orders Pilot Scheme
Amendments are made to extend a pilot that allows some orders to be made automatically without judicial intervention, to all county courts and the High Court. The pilot will run for one year.
PD 51C Electronic working pilot
A pilot scheme designed to allow the introduction of IT systems to the Admiralty, Commercial and London Mercantile Courts is introduced. This scheme commenced on 1 April 2009.
Costs: PD51D – Pilot cost budgeting scheme
A pilot scheme to be run in the RCJ and HC at Manchester in relation to defamation, libel and malicious falsehood cases only. Consequential amendments are made to PD29.
Part 55 and PD55 Possession Claims
Pre Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in respect of Residential Property
Rules are amended to ensure that all occupiers including tenants of any mortgaged property subject to possession proceedings are notified of the proceedings and hearing date. A new requirement is introduced obliging lenders to notify local authorities when possession proceedings are commenced. The steps, set out in the Mortgage Pre-Action Protocol, that a lender should take before starting a possession claim for mortgage arrears are expanded. The Protocol has also been amended to include a checklist for lenders to complete and file to show compliance with the Protocol. PD4 is amended as a consequence.
PD57 Probate
Amendments are made to clarify the provisions in relation to removal of an executor before a grant of probate (section 50 of the Administration of Justice Act 1985).
Part 63 and PD63 Intellectual Property Claims
Amendments are made to update references to legislation and reflect substantive changes including product description and process description. Allocation of claims on specific issues such as plant varieties between the Patent Court and the patents county court are set out. Part 63 of the CPR has been renamed as “Intellectual Property Claims” to reflect these changes and consequential amendments to PD2B are made.
PD64A Estates, Trusts and Charities
The practice direction in respect of Estates, Trusts and Charities has been reviewed and amended. Amendments provide for claims seeking approval of transactions by trustees affected by conflicts of interest to be determined without a hearing in specified circumstances. These circumstances would be where the merits of the case are plain for transactions which are believed to be beneficial to the beneficiaries and oral argument would not assist the court.
Part 65 and PD65 Anti-Social Behaviour and Harassment
This part is amended to provide rules to allow for applications for Drink Banning Orders (as set out in the Violent Crime Reduction Act 2006). Orders including clauses to prohibit the individual from entering premises selling alcohol, or from premises which supply alcohol to members or guests can be made. Consequential amendments are made to PD2B and the measures come into force on 31 August 2009.
Part 68 and PD68 References to the European Court
The rules are clarified as to the length and content of references sent to the European Court of Justice. Further amendments are made to assist in processing requests for urgent preliminary rulings by providing a streamlined procedure for courts.
Part 76 Proceedings under the Prevention of Terrorism Act 2005
The time within which an individual, who is subject to a non-derogation control order, can make representations is extended. Individuals will have more time to make representations about the directions already given by the court and any further directions made.
Amendments are made to allow an application for anonymity of individuals subject to control orders when permission for an order is sought by the Secretary of State.
Part 79 Financial Restrictions Proceedings Under the Counter-Terrorism Act 2008
Rules are introduced to allow the application, by the police, for notification orders under the Counter-Terrorism Act 2008.
Rules are made to provide that a special advocate may adduce evidence and cross-examine witnesses.
Pre-Action Protocol for Personal Injury Claims
The PAP is amended to reflect the changes to the Fast Track Limit changed in the 49th Update. The Rehabilitation Code set out at Annex D of the Protocol is updated.
Supreme Court
Consequential amendments are made in relation to implementation of the Constitutional Reform Act 2005 relating to creation of the Supreme Court. Amendments are made to:
Parts 2, 5, 6, 12, 14, 25, 26, 34, 35, 40, 41, 38, 39, 43, 47, 50, 52, 54, 57, 60, 61, 62, 72, 74;
PD2A ,PD4, PD supplementing rule 3.4, PD5, PD6B, PD7 How to start proceedings PD8 , PD16, PD25, PD32, PD34, PD37, PD40 Judgements and orders , PD43-48, PD54A, PD57, PD61, PD67, PD69, PD74;
RSC Order 46, 52, 79 108, 109 and CCR Order 1, 29; and
PD Insolvency Directions, PD Civil Recovery Proceedings and Pre Action Protocol for Resolution of Clinical Disputes.
The rule changes are contained in the Statutory Instrument are available here:
