"What's New"

47th Update October 2008

The 47th Update to the Civil Procedure Rules introduces changes in a large number of areas. You may want to note the following amendments:

Part 6 is revised with the exception of service out of the jurisdiction. The new rules are supplemented by practice directions A and B.

Parts 2, 7, 10, 12, 14, 15, 16, 21, 26, 38, 42, 43, 40, 45,54, 55, 57, 58, 59, 61, 62, 74, RSC O.115, CCR 28, CCR 29 and CCR 33 and PD5, 7, 8, 10 12, 15, 16, 18, 42, 58, 61, 62, 66, and 70 are amended as a result of changes to Part 6.

Part 36 is amended to allow for the recovery of monies from a lump sum compensation payment claims under The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations 2008.

Parts 43-47 and accompanying practice directions are amended to enable costs orders in civil cases where the successful party was represented (whether wholly or partly) by a lawyer(s) working free of charge (pro bono). Such costs orders will be directed to a charity prescribed by order made by the Lord Chancellor to those who provide, organise or facilitate the provision of free legal advice and assistance. Parts 3, 36 and 38 are also amended as a consequence of these changes.

Part 52 is amended to enable permission to appeal applications for family proceedings in the court of appeal which are 'totally without merit' to be dealt with on the papers alone.

Part 56 sets out the procedure for applications under S.214 of the Housing Act 2004 in relation to Tenancy Deposit Schemes.

Part 78 and accompanying practice direction are inserted to provide procedures to deal with the European Order for Payment (which allow the recovery of uncontested money claims) and for European Small Claims Procedure (which simplifies cross-border small claims litigation in civil and commercial matters). Parts 7, 8, and 74 are amended as a consequence.

PD3D is amended to provide a standard interim payment in mesothelioma cases.

PD 7B is amended to reflect implementation of s.16 of the Consumer Credit Act 2006 to provide for service of a notice of arrears and for notice to be given to the creditor/owner of a party's intention to apply for a time order and their proposals for payment. The time or applying for a time order is also amended.

PD40E and PD52 are revised to reflect the current practice of electronic distribution of judgments before handing down.

PD 51 supplementing Parts 26 and sets out an Automatic Orders Pilot Scheme to be carried out for one year in five courts to assess the effect of amending rules to allow certain orders to be made administratively.

PD 52 is amended to allow appeals to the county court against a decision by the Secretary of State to impose a penalty under the provisions of the UK Borders Act 2007.

PD 52 is further amended to include Mold County Court in the table listing courts where appeals may be heard.

PD65 is amended to remove redundant provisions following the delayed implementation of Drinking Banning Orders provisions under the Violent Crime Reduction Act 2006.

PD74B is amended to ensure provisions contained in this practice direction are consistent with those in the Part 78.

PD77 the practice direction to Part 77 is amended to make provision for the claim form or applications to vary a Serious Crime Prevention Order to include details of any third party who is likely to be significantly adversely affected by the making or varying of such an order.

Preview

You can preview the rule changes in this amendment by viewing the Civil Procedure (Amendments) Rules Statutory Instrument (PDF - opens new window). You can also view the practice direction amendments by viewing the making document (10MB PDF - opens new window).

Update 46

Coming into force

The amendments included in this update come into force on 06 April 2008 with the following exceptions:

14 January 2008

• Amendments to PD 49 relating to the Companies (Cross-Border Mergers) Regulations 2007; and
• PD 52, paragraph 2A.1

31 March 2008

• Amendments to Part 75 and the Accompanying Practice Direction.

01 April 2008

• Amendments to the Civil Recovery Proceedings Practice Direction; and
• PD 47, paragraph 49A.5(3).

Introduction

The 46th Update to the Civil Procedure Rules introduces changes in a large number of areas:

• Part 3 is amended to extend the sanction of striking out a claim to include the non-payment of a hearing fee or court fee (where the claim proceeds on the counterclaim alone) and replace reference to “exemption or remission” of court fees with “full or part remission” of court fees to reflect amendments to the Civil Proceedings Fees Order 2004 (S.I. 2004/3121).
• PD 3D is created to deal with court procedure for mesothelioma claims.
• PD 47 and the civil recovery proceedings practice direction is amended as a result of the abolition of the Assets Recovery Agency by the Serious Crime Act 2007.
• PD 49 is amended to provide a new High Court procedure to deal with the cross border merger of limited liability companies under the Companies (Cross-Border Mergers) Regulations 2007.
• PD52, table 1 has been amended to clarify the appeal routes for final decisions in Part 7 and Part 8 claims.
• Part 54 is amended to reflect an amendment to the Supreme Court Act 1981 that allows the High Court to substitute its own decision for that of inferior courts and tribunals in judicial review proceedings.
• Part 75 and the accompanying practice direction is amended as a consequence of regulations relating to parking enforcement made by the Department for Transport and the Welsh Assembly Government under section 82 of the Traffic Management Act 2004 (Traffic Enforcement provisions).
• A new part 77 introduces procedures to enable applications for, or relating to serious crime prevention orders introduced by the Serious Crime Act 2007. A new practice direction supports the new rules dealing with these applications.

CPR Index

An html CPR index is available which incorporates 46th update changes. Should you have any comments about the web index we'd appreciate your feedback.

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