CPR - 51st Update

The 51st update to the CPR is due to come into force fully on 6 April 2010.  The amendments can be previewed on the ‘What’s New’ page on the CPR website.

You may want to note the following amendments:

Part 2 Application and Interpretation of the Rules
The definition of legal representative and authorised person are amended as a consequence of the Legal Services Act 2007, however there is no change to the class of persons authorised.   There are a number of changes in Part 2, Part 6, Part 48 and PD32.

PD5C Electronic Working Scheme
Following an earlier pilot a practice direction is introduced to allow for the electronic submission of claims and subsequent steps in the following jurisdictions:  Admiralty, Commercial and London Mercantile Courts, The Technology and Construction Court, Bankruptcy and Companies courts. Consequential amendments are made to Part 2, and Part 7.  PD51C which set out the pilot is revoked.

Part 6 Service of Documents
Amendments are made in order to comply with the EU Services Directive (2006/123/EC) to allow for service of documents on a party’s legal representative who is qualified to practise in England and Wales but is based in another EU member state.   Consequential amendments are also made to PD6B and PD42. 

PD23A Applications
Amendments are made to extend by two days the time by which documents are filed at court.  Further amendments are made to increase the time for filing an application notice and for service of the notice where there is a telephone hearing

PD43-48 Costs PD
Amendments are made to include email and other electronic communications in the definition of “communications” and consequently an allowance for them under charges for work done by solicitors; at the court’s discretion an allowance for the time spent in preparation of electronic communications other than emails; removal of the necessity to provide a detailed costs estimate in fast track cases at allocation to track.  

Amendments are also made  to reflect revocation of the Conditional Fee Agreements Regulations 2000 including disclosure of the relevant details of a conditional fee agreement to enable the court to determine the level of risk undertaken by the solicitor; and removing the need to file documents with a request for detailed assessment of costs.

Part 52 Appeals
Amendments are made  to implement the new unified Tribunal structure as set out in the Tribunals Courts and Enforcement Act 2007, the Asylum and Immigrant Tribunal and its functions till be transferred to the First-tier Tribunal and will be beard by the Upper Tribunal and the Court of the Appeal rather than the High Court. There are consequential amendments to PD52 and Part 54. PD54B is deleted.  These amendments come into force on 15 February 2010.

PD52 Appeals
Amendments to the PD into are made to allow for regulatory appeals against decisions of the Law Society or the Solicitors Disciplinary Tribunal involving solicitors and other legal professionals to be determined in the High Court.  Amendments are also made to allow for a senior lawyer in the Civil Appeals Office to be designated Master and to take the lead in relation to quasi judicial functions carried out by Masters and Deputy Masters. 

PD 66 Crown Proceedings
The annex to PD 66 setting out the list of solicitors acting for different government departments on who service is to be effected is substituted. 

PD70 Enforcement of Judgments and Orders
Amendments are made to allow a High Court Enforcement Officer to file an award, register an award and issue of enforcement process on behalf of an applicant who wishes to enforce Employment Tribunal and Employment Appeal Tribunal awards.

Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property 
Under the protocol lenders are obliged to consider postponing possession proceedings should the borrower be entitled to financial support under the various support schemes listed in the protocol.  The protocol has been amended to include a further scheme in the list.

Practice Directions
In order to address inconsistencies in the references to, and numbering of, the practice directions amendments are made to remove the inconsistencies and to renumber the practice directions in a uniform way

Lugano Amendments
Amendments Part 6, 12, 25 and 74 and PD12 and 74 as a consequence of the commencement of the new version of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. These amendments come into force on 1 January 2010 in respect of Parts 6, 12, 25 and 74 and on 10 January 2010 in respect of PD12 and 74.

Changes to Forms 
N471 is introduced
Forms N123, N251, N258A and N434  are amended