CPR - 53rd Update
I am writing to inform you about the 53rd update to the Civil Procedure Rules (CPR), due to come into force fully on 01 October 2010. Please note that a number of amendments in relation to Gang related violence come into force when Part 4 of the Crime and Policing Act 2009 commences.
The amendments will be previewed on the ‘What’s New’ page on the CPR website and will be inserted into the main text when they come into force on 01 October 2010.
Attached are the Statutory Instrument, Practice Direction Making Document and the three forms:
Application to enforce an ACAS settlement (Form COT3) and request a Writ of Fieri Facias
Request for Warrant of Possession of Land
Allocation questionnaire
A brief description of the amendments follows.
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.
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 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
