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Civil Procedure (Amendment No. 3) Rules 2024 and the 171st PD Update

The Statutory Instrument (SI) is published via the legislation website (together with the explanatory memorandum which provides fuller detail of the changes). The rules online will be updated in due course.

The Civil Procedure (Amendment No.3) Rules 2024 will enter into force, on 1st October 2024 and contains amendments in respect of the following:

Alternative Dispute Resolution – a suite of amendments to the CPR’s Overriding Objective in Part 1 and to other parts, to promote the use of alternative dispute resolution.

References to Judges in the CPR – various amendments are made concerning the definition of “judge”. This properly reflects the status, as judges, or Masters and District Judges and provides consistency of language by removing some unnecessary and unhelpful distinctions between different levels of judges within the rules and PD’s.

Extending Fixed Recoverable Costs (FRC) – amendments are made following the Ministry of Justice’s (MoJ) consultation on FRC issues in July 2023, on the issue of fixing legal costs. The changes will fix the costs of assessment in FRC cases both before and after proceedings have started. This will ensure that the FRC regime operates more effectively. In consequence of the new “Fixed Costs Determination” procedure, a new costs form, “Precedent U”, is introduced and will be available online in the usual way. Various other minor changes are also being made to ensure that the extended FRC regime works as intended and with clarity.

Time Limit to appeal from the Court of Appeal to the Supreme Court – updates Part 52 (on Appeals) following changes in practice in order to provide an express deadline for seeking permission from the Court of Appeal to appeal to the Supreme Court.

Retained EU Law (REUL) – a new Part 68 is introduced which outlines three new procedures to facilitate the effective operation of sections 6A – 6C of the European Union (Withdrawal) Act 2018 (EUWA) as inserted by section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (“REUL Act”). These will provide for the process:

(i) By which the County Court of High Court (which continue to be bound by assimilated case law) may refer points of law which arise from that case to a higher court, to decide whether to depart from it.

(ii) For a Law Officer to refer to the Court of Appeal to consider departure from assimilated case law and

(iii) To be followed in the Court of Appeal where it is considering arguments about whether it should depart from assimilated case law.

REUL Act commencement regulations received Ministerial approval on 28 May 2024 to bring section 6 of the REUL Act into force on 1 October 2024.

Legal Advisor delegation – amendments to Part 73 remove a legacy limitation that it is only the Designated Civil Judge for Greater Manchester that can consent to court legal advisors being authorised to carry out specified delegated functions.

Serious Crime Prevention Orders (SCPO) – the changes to Part 77 will enable centralisation of the process for applications for SCPO to the Royal Courts of Justice (RCJ). The RCJ is considered to have the relevant expertise in this specialist area of work. However, cases can still be heard by High Court Judges in the Regions/Wales as appropriate.

Contempt Warning – updates the provision in Part 81 which requires a committal application to give information to a respondent about their rights, including the right to remain silent. The amendment adds an express warning of the risk that the court may draw adverse inferences from that silence, if the right is exercised. This amendment follows caselaw and aligns with the position in criminal proceedings.

Writs and Warrants of Possession – changes are made to Part 83 to clarify the operational procedure concerning notices of eviction. The reforms make the “further notice of eviction” a defined term and, in consequence, a suite of five prescribed forms have been updated. The forms are N54 Notice of Eviction; N54A Further Notice of Eviction; PF92A Application for a writ of possession [and of control] in the High Court; MO92B Order for permission to issue a writ of possession in the High Court; MO92C order for permission to issue a writ of possession in the High Court under Section 33D. The amended forms will be available online in the usual way.

Tidying Up – various amendments are to correct inaccurate or out of date cross references.

The 171st Practice Direction (PD) Update comes into force on 1st October 2024, save for the amendments to the Practice Direction – Application for a Warrant Under the Competition Act 1998, which come into force on the date when Parts 1 and 2 and Chapter 2 of Part 5 of the Digital Markets, Competition and Consumers Act 2024 have all come into effect.

The Master of the Rolls and the Courts Minister have signed the Practice Direction Update, which contains a suite of amendments in support of the Civil Procedure (Amendment No.3) Rules 2024 (above) as well as providing for the following:

E-Working Pilot (PD51O) – Updating the PD in consequence of the changes regarding references to Judges (above) and extends the operation of the pilot e-working scheme by one year (to 1 November 2025).

Digital Markets, Competition and Consumers Act 2024 (DMCCA) – The DMCCA makes three sets of changes to the PD on Applications for a Warrant under the Competitions Act 1988 .

Tidying Up – various minor amendments in consequence of the above reforms and/or to correct inaccurate or out of date references.

171st PD Making document (PDF)

The 170th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 170th Practice Direction Update, which comes into force at 11am on 18th July 2024.

The 170th PD Update amends both PD 51R (Online Civil Money Claims Pilot) and PD 51ZB (The Damages Claims Pilot) to:

extend each pilot scheme by one year, to 1st October 2025, to allow for further testing and development.

allow for the national rollout of the “case progression” and “application” features to all related claims at the remaining county courts in England and Wales where both parties are legally represented (save for the County Court at Birmingham, where these features will be deployed at a later date); ;

consequential amendments, two clarificatory amendments and other modest tidying up.

170th PD making document (PDF)

Civil Procedure (Amendment) Rules No.2 of 2024 and 168th Practice Direction Update

The Statutory Instrument (SI) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment No. 2) Rules 2024 will enter into force on the date on which the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (concluded on 2nd July 2019 at The Hague) enters into force in respect of the United Kingdom.

The SI contains Rule amendments in respect of:

Registration Model:sets out a registration requirement in the 1982 Act, under which parties seeking recognition and enforcement of a foreign judgment in the UK under Hague 2019 will first need to apply to register their judgment in the relevant UK court.

Route of Challenge:as the route of challenge, it is provided for a right for either party to apply to set aside a registration decision made under Hague 2019, and for consistency, the route of challenge for Hague 2005 registration decisions has also been amended from an appeal route to a ‘set aside’ route. Technical amendments are also made to the Hague 2005 provisions in line with the registration provisions.

Intra-UK Recognition and Enforcement: excludes judgments registered under both Hague 2019 and Hague 2005 from the intra-UK recognition and enforcement provisions in the 1982 Act sections 18 and 19.

Other policy implications: maintains existing policy in respect of obligations under multilateral private law instruments.

The 168th Practice Direction (PD) Update comes into force, variously on 31st May and on the same date as the Civil Procedure (Amendment No. 2) Rules 2024.

This update provides for:

PD 51ZC – The Small Paper Determination Pilot: the pilot is extended to 1st December 2024.

PD 74A – Enforcement of Judgements in Different Jurisdictions: Various amendments to make provision for the registration of foreign judgments for the purposes of recognition and enforcement under the Hague 2019 Convention.

168th PD making document (PDF)

169th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 169th Practice Direction Update. The 169th Update contains amendments to Practice Direction 51R (Online Civil Money Claims) and comes into force on 18 May 2024.

This PD Update contains amendments in relation to Notices of Change.

Previously, the provisions in PD 51R limited the use of digital notices of change to cases where all parties are legally represented, which means that if a litigant in person decides to appoint a legal representative, the court cannot be notified digitally; the notice has to be filed on paper instead, and then the claim has to be transferred out of the pilot.

This update widens the provisions to allow cases that are initially legal representative versus litigant in person, to provide for a digital notice of change to be filed where the litigant in person appoints a legal representative.

PD Making Document (PDF)

167th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 167th Practice Direction Update. The 167th Update introduces a Pilot Practice Direction 51ZF – Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement. The PD provides for the civil court procedure to be used during the piloted commencement of the new Domestic Abuse Protection Order.

This practice direction adopts the same paragraph numbering as Practice Direction 36ZG of the Family Procedure Rules 2010 (the Family Practice Direction) where possible and, where relevant, corresponds with the Family Practice Direction, because pilots will operate in both jurisdictions. If a paragraph of the Family Practice Direction is not applicable, the corresponding paragraph in this practice direction is blank.

PD51ZF is to be inserted after Practice Direction 51ZE, having come into force on 9 May 2024, in readiness of commencement. The PD will not be in active use until Part 3 of the Domestic Abuse Act 2021 has been commenced for piloting purposes. Courts in the piloting sites are aware of the preparations for the pilot launch. This information will be updated once a commencement date for piloting of Part 3 of the Domestic Abuse Act 2021 has been confirmed.

PD Making document (PDF)

166th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 166th Practice Direction Update. The 166th Update contains a suite of amendments to introduce Automatic Referral to Mediation in civil cases, and comes into force on 22 May 2024.

The 166th PD Update will introduce a new Pilot PD (PD 51ZE) that will automatically refer certain civil cases to a free, one-hour mediation session with the HMCTS Small Claims Mediation Service.

The pilot scheme will apply to claims for a specific amount of money under £10,000 made through MCOL, Secure Data Transfer or paper on or after 22nd May 2024.

More can be read about the requirement to mediate in small claims here:Preparing for the requirement to mediate in small claims: What you need to know – Inside HMCTS (blog.gov.uk)

PD making document (PDF)

Alternative Dispute Resolution consultation

Your views are being sought on the proposed draft amendments to the Civil Procedure Rules (CPR) regarding Alternative Dispute Resolution. The proposed reforms flow from the Court of Appeal judgment in James Churchill v Merthyr Tydfil Borough Council.

Read more on this, including how to submit your comments on GOV.UK.

165th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 165th Practice Direction Update. The 165th Update contains a suite of amendments to Fixed Recoverable Costs (FRC) in civil cases, and comes into force on 6th April 2024.

The 165th PD Update contains three amendments relating to: (i) VAT, (ii) the definition of ‘day’ in connection with the number of days before trial during which a matter is settled or vacated and the advocate is entitled to FRC, and (iii) cross referencing in PD 28:-

VAT: In PD 45, Tables 1 and 15A have been amended to provide, where appropriate, for the recovery of VAT.

The definition of ‘day’ in connection with the number of days before trial during which a matter is settled or vacated and the advocate is entitled to FRC: In the 163rd PD Update , reference is made in PD 45 to to rule 2.8 in respect of the trial advocacy fees (‘A “day” means a clear day (see rule 2.8(3) and (4)’). This reference has been amended in the 165th PD Update to disapply rule 2.8(2) and further examples have been included by which trial advocacy fees are to be calculated where a claim is vacated or settled before the date listed for trial.

Cross-referencing in PD 28: As a consequence of amendments to rule 28.2 and rule 31.5 which are coming into force on 6th April 2024 in the Civil Procedure (Amendment) Rules 2024 , a minor change is required to PD 28 at paragraph 3.9.

PD Making document (PDF)

Annual Open Meeting of the Civil Procedure Rule Committee

Are you interested in observing the rule making process?

The Civil Procedure Rule Committee is hosting the annual Open Meeting of the Committee on 10th May 2024. If you are interested in attending, read more details on GOV,UK, including how to apply.

164th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 164th Practice Direction (PD) Update. The 164th Update contains a suite of amendments to PD 51R, Online Civil Money Claims (OCMC) and PD 51ZB, Damages Claims Portal (DCP), which came into force at 11am on 29th February 2024.

The 164th PD Update contains three main categories of amendment: Mediation, which only applies to PD 51R (OCMC), trial readiness certificates and trial bundles, which applies to both PD 51R (OCMC) and PD 51ZB (DCP), and applications, which also applies to both OCMC and the DCP.

Mediation: PD 51R is amended to reflect that the mediation opt out system, which is currently in operation for litigant in person (LiP) -v- LiP claims, is also extended to operate in claims regarding legal representative -v- LiP and in legal representative -v- legal representative claims.

Trial Readiness Certificates and Trial Bundles: PD 51R is amended to allow for trial readiness certificates and trial bundles to be submitted online, in claims where all parties are legally represented. This will only apply to the “early adopter” courts, which are in the Midlands, Manchester, and Northumberland clusters. A full list of these courts can be seen here. These functions are already in operation in relation to PD 51ZB, and this update clarifies that.

Applications: PD 51R and PD 51ZB are amended to allow certain applications to be made online in each Pilot (“general applications”). The applications that will be capable of being made online will be, with limited exceptions, applications made after the standard directions order stage in relation to claims proceeding in early adopter courts, where both (or in multi-party claims, all) parties are represented.

A suite of other minor amendments are also being made to PD 51R (OCMC) for the purposes of clarity.

164th PD Making document (PDF)

Access to Court Documents by Non-Parties: proposed new CPR 5.4C

Your views are being sought on the proposed draft amendments to Civil Procedure Rules (CPR) rule 5.4C (supply of documents to a non-party from court records). The proposed reforms flow from the UK Supreme Court judgment in Cape Intermediate Holdings Ltd -v- Dring [2019] UKSC 38

Read more on this, including how to submit your comments on GOV.UK.

Enforcement of Judgments in Different Jurisdictions (Hague 19 and Hague 05) Consultation: proposed amendments to CPR Part 74 and PD 74A

Your views are being sought on the proposed draft amendments to Civil Procedure Rules (CPR) Part 74 and PD 74A, arising from the CPR Committee’s consideration of the implementing framework to facilitate the operation of the Hague Convention 2019 (on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters) and Hague Convention 2005 (on Choice of Court Agreements).

Read more on this, including how to submit your comments on GOV.UK

Civil Procedure (Amendment) Rules 2024 and 163rd Practice Direction Update

The Statutory Instrument (SI) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment) Rules 2024 will enter into force, on 6th April 2024.

The SI contains Rule amendments in respect of:

Extending Fixed Recoverable Costs (FRC) – various amendments are made following the Ministry of Justice’s (MoJ) consultation on FRC issues in July 2023, and in response to issues that have been raised outside of the consultation process following the implementation of the extended FRC regime on 1st October 2023. The MoJ’s official consultation response can be read on GOV.UK.

Acknowledgements of Service (AOS) in Judicial Review proceedings – amendments are made to CPR 54.8A which provide certainty and limit delay, by providing in the rules, an express right for claimants to file a Reply to the AOS in judicial review proceedings and to do so within seven days of receipt of the AOS.

Limitation Period for Judicial Review (JR) Claims – Rail Passenger Services Public Service Obligation Contracts – this amendment is made in consequence of the Public Service Obligations in Transport Regulations 2023 In particular, a one-month limitation period for challenging a decision or award made under the Regulations is introduced. This includes JR challenges, as well as any private law claims for breach. The amendment to CPR 54.5 (time limit for filing claim form) aligns with the time limits in the mainstream subsidy and procurement regimes and provides clarity in the rules, given that the timeframe for general JR claims is three months.

Penal Notices– amendments are made to CPR 81 (Contempt of Court) and specifically CPR 81.4(e) in response to caselaw to reverse the decision in Taray Brokering [2022]EWHC 2968 (Ch) to make clear that the Penal Notice in contempt of court proceedings is not part of the order – it is a warning notice added to the order as necessary.

Tidying Up: Various minor correcting amendments, such as renumbering and previously missed cross references.

The 163rd Practice Direction (PD) Update comes into force, variously on 1st February 2024 and 6th April 2024.

This Update provides for:

Civil Restraint Orders (CRO) PD3C – this updates three prescribed forms (N19 (limited CRO), N19A (extended CRO) and N19B (general CRO) which are annexed to the PD (and will be available online in the usual way). The amendments enable, the details of any previous orders recording that claims and/or applications were totally without merit, to be set out in the body of the forms.

Extending FRC – various amendments to PD45 are made following MoJ’s consultation and post implementation points on procedure (see also rule amendments in the SI above) as well as some minor consequential amendments to PDs 28 and 46.

E-Working Pilot Scheme PD51O – amendments to bring the Administrative Court within the scope of the pilot and to extend the pilot as a whole until 1st November 2024.

Appeals to the Court of Appeal PD52C – a suite of housekeeping amendments.

Statutory Appeals and Appeals subject to special provision PD52D – this addresses a gap in the CPR regarding the time limit for appealing to the Court of Appeal from the Investigatory Powers Tribunal, by expressly providing that the appeal must be filed within 21 days of the date on which the Investigatory Powers Tribunal’s decision granting or refusing leave to appeal to the Court of Appeal, is given.

Acknowledgement of Service (AOS) in Judicial Review proceedings – PD54A and PD54D are update din consequence of the above SI (provision for the claimant in JR proceedings to file a reply to the defendant’s AOS); as well as renumbering of PD paragraphs.

Trial Witness Statements in the Business and Property Courts PD57AC – this amendment adds pension rectification claims to the list of exemptions from the requirements of PD57AC.

163rd PD Making Document (PDF)

Fixed Recoverable Costs Consultation (Summer 2023) Response

The official response to the Summer 2023 consultation on Fixed Recoverable Costs has now been published.

You can read more about it on GOV.UK.

CPR Part 25 (Interim Remedies and Security for Costs) including a proposed amendment to CPR Part 4 (Forms) consultation

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 25 of the CPR.

If you wish to comment on the proposed changes, you should submit your comments by 9 February 2024 to: CPRCRollingConsultations@justice.gov.uk.

Please do not copy your responses to other email addresses and please state “Part 25” within the subject

heading of your email.

Read more on this, including how to submit your comments on GOV.UK

162nd PRACTICE DIRECTION UPDATE

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 162nd Practice Direction Update. The 162nd PD Update introduces a new Practice Direction, PD 51ZD, a new pilot scheme which is intended to cap costs for “mid-tier” patent disputes, and comes into force on 1st January 2024.

The pilot will introduce a cap of £500,000 on the final determination of a claim and £250,000 on an inquiry as to damages or account of profits.

The pilot will operate within the Shorter Trials Scheme (Practice Direction 57AB) that is currently operating within the Business and Property Courts.

The pilot will run from 1st January 2024 until 31st December 2026, unless extended or modified.

PD Making Document (PDF)

161th PRACTICE DIRECTION UPDATE

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 161st Practice Direction Update. The 161st Update contains a suite of amendments to Practice Direction 51R, Online Civil Money Claims, which came into force at 11am on 29th November 2023.

The following amendments are made to PD 51R for the Online Civil Money Claims (OCMC) pilot which provide:

Amendments to enable a claim up to £25,000 in value brought by a claimant who is legally represented against a litigant in person to be brought, and then continue, under the pilot.

The ability for a defendant to respond to such a claim in the Welsh language.

Amendments in relation to when and how claims are sent out of the pilot.

There are also amendments clarifying that information provided by the parties while in the pilot is to be treated as provided under the mainstream Civil Procedure Rules if the claim is sent out of the pilot.

PD Making Document (PDF)

160th PRACTICE DIRECTION UPDATE

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 160th Practice Direction Update. This contains a suite of amendments to Practice Direction 51ZB, the Damages Claims Pilot which came into force at 11am on 16th November 2023.

The following amendments are made to PD 51ZB for the Damages Claims Portal (DCP) which enable:

the timely auto-generation of a ‘trial bundle’ to be used by the judge and legally represented parties at the trial.

The PD Update also contains a series of clarificatory and tidying up amendments to the following paragraphs of PD 51ZB: 8.1, 8.3A, 8.4 and 8.7 (the last being renumbered as Section 8A).

Alongside the PD Update and the IT features it enables, the following IT features will be introduced into both Online Civil Money Claims and the Damages Claims Portal (without the need for amendment to either PD 51R – Online Civil Money Claims or PD 51ZB – Damages Claims Portal):

Expansion of the legal representatives’ ‘self-service’, enabling them to (i) directly upload evidence/documents, in compliance with judicial orders, to the digital case file and (ii) review evidence/documents as soon as they are uploaded by the other party.

Ability to pay hearing fees online.

Supports the functionality to immediately dismiss cases where the hearing fee payment has not been made within the prescribed timescales. This saves judicial time by this action being taken at the earliest opportunity.

Ability for legal representatives to confirm if the case is ready for trial and to update the court of any changes or additional support required by their clients (or legal rep) e.g., where a client needs translator or special measures to ensure a successful hearing and use of judicial time.

Supports the judiciary and legal representatives’ navigation of the digital file by creating a categorised chronological view and audit history of all documents filed or generated by the court.

160th PD Making Document (PDF)

159th PRACTICE DIRECTION UPDATE

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 159th Practice Direction Update to the Civil Procedure Rules, which came into force at 11am on19th September 2023. It provides a suite of amendments to two pilot Practice Directions (PD), namely PD 51R the Online Civil Money Claims Pilot and PD 51ZB the Damages Claims Pilot.

The following amendment is made to PD 51R for Online Civil Money Claims (OCMC) which enables:

an online ‘Notice of Change of legal representative’ to be introduced into OCMC. This allows a newly appointed legal representative to assign themselves to a claim to replace the former legal representative of a party in a case.

The following amendments are made to PD 51ZB for the Damages Claims Portal (DCP) which enable:

Certificate of Service functionality to be introduced in to the DCP, along with related amendments in relation to digital notices of change of legal representative.

In addition, an update amendment is made to replace a reference to the CCMCC (County Court Money Claims Centre) with a reference to the CNBC (Civil National Business Centre). This amendment is consequential on the establishment of the CNBC, which will handle the business previously allocated to the CCMCC and the County Court Business Centre. The main suite of amendments for this were included in The Civil Procedure (Amendment No.3) Rules 2023 and associated 158th PD Update.

159th PD Making document (PDF)

Fixed Recoverable Costs (FRC): a further consultation

Your views are being sought on issues relating to the new FRC regime in civil cases.

Read more on this, including how to submit your comments on GOV.UK.

CIVIL PROCEDURE (AMENDMENT No.3) RULES 2023 AND THE 157th & 158th PRACTICE DIRECTION UPDATES AND THE PRE-ACTION PROTOCOL UPDATE

The Statutory Instrument (SI) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment No.3) Rules 2023 enter into force variously, on 14th August and 1st October 2023.

The SI contains Rule amendments in respect of:

Foreign Evidence Requests (Part 34) – two amendments are made. The first is to provide a power to the High Court to make an order for the issue of, “letters of request” in Tribunal proceedings. The second amendment is to ensure that all letters of request for England & Wales sent under the Evidence Convention or otherwise, are sent to the Foreign Process Section at the Royal Courts of Justice (RCJ).

Appeals (Contempt of Court) (Part 52) l. this addresses three issues: (i) applying for permission to appeal from the county court in contempt proceedings; (ii) applying for permission to appeal to the Supreme Court, both in contempt proceedings from a decision of a single High Court Judge on appeal, the Divisional Court or the Court of Appeal and from a decision of the Court of Appeal in non-contempt proceedings (the CPR may not provide for practice and procedure in the Supreme Court itself, but may make provision regarding applications for permission to appeal to the Supreme Court when made to the court in which the decision subject to appeal was made); and (iii) responding to caselaw – changes to rule 52.8 to reflect the Court of Appeal decision in R (Kearney) v Chief Constable of Hampshire Police [2019] EWCA Civ 1841 (the effect of the decision (and of s.18(1)(a) Senior Courts Act 1981) is that no route of appeal lies to the Court of Appeal against refusal of permission on a Judicial Review in a criminal cause or matter).

HM Courts and Tribunal Service back-office (Parts 3, 7, 13, 14, 26, 71, 72, 73, 83, 84, 89) – technical amendments are made following organisational changes in the back-office units at the County Court Business Centre (at Northampton) and County Court Money Claim Centre (at Salford) which are being replaced by the creation of the Civil National Business Centre (CNBC) at Northampton.

Simplification Work (Parts 3, 12, 14, 18, 19, 20, 22, 23, 24, 26, 39, 40, 45, 55, 56, 58, 59) – a suite of amendments arising from the ongoing work by the Civil Procedure Rule Committee, in accordance with its statutory duty to “… try to make rules which are both simple and simply expressed.”. the reforms and consequential amendments provide for a reduction in overall length, simplify the language, improve clarity and provide gender neutrality. Some provisions are also relocated to be more logically and appropriately placed. Rule 22.1 (documents to be verified by a statement of truth) has been reconstructed, for example, rule 22.1(b) is deleted as being superfluous, and the provisions on who may sign a statement of truth and what that statement of truth should contain, are more clearly separated. Two clarificatory amendments are also made to the following: Rule 3.3 (Court’s power to make an order of its own initiative) and Rule 39.1 (definition of a hearing) and to bring it in line with the like amendment in Rule 23.1. It does not change the law or practice, but is purely a technical amendment.

Tidying Up – various minor corrections arising (i) from the last mainstream Civil Procedure (Amendment) Rules 2023; (ii) following the Joint Committee of Statutory Instruments’ twenty-ninth report of the 2022-2023 session; (iii) anonymity of other persons in Part 29; (iv) some minor corrections to cross-references etc in the Civil Procedure (Amendment No. 2) Rules 2023; (v) following the Joint Committee on Statutory Instruments forty-second report of the 2022-2023 session.

The 157th Practice Direction Update – (coming into force, variously, on 17th July 2023 and 27th July 2023). This PD Update supports HMCTS digital reform. It provides for:

Pilot Extensions – the current pilot PDs for Online Civil Money Claims (PD 51R) and the Damages Claims Portal (PD 51ZB) are extended until October 2024.

Additional Functionalities – a further tranche of enhancements to the functionality of the PD 51ZB pilot scheme to increase the permitted payment methods available to users to make payments to HMCTS.

Housekeeping Amendments – other modest amendments to correct typographical errors, operational sequencing and a simplification amendment.

PD Making document (PDF)

The 158th Practice Direction Update – (coming into force, variously, on 14th August 2023 and 1st October 2023). In addition to a suite of amendments in consequence of the Civil Procedure (Amendment No.3) Rules 2023 (above), this PD Update also provides for:

Independent Monitoring Authority (IMA) –a new (un-numbered) PD is introduced to support the IMA in fulfilling its statutory duty in relation to claims relating to EU and EEA ETFA citizens’ rights.

Flagging Provision in PD 5B – email addresses are contained within various parts of the rules. These email addresses are now placed in a central list, with an associated “flagging” provision (to be a new para 6) in the PD. The list will be available on the rules webpage in advance of the PD amendment coming into effect on 1st October 2023.

Enforcement by Taking Control of Goods – PD 84 is amended to reflect operational changes: the designated centre in the North West region, at which applications for Certified Enforcement Agents can be considered, is now Liverpool .Form EAC1 has been updated in consequence. It is also being revised further to reflect the establishment of the Civil National Business Centre (referred to above). The updated form will be available on Gov.uk in the normal way.

Companies Act Proceedings – PD 49A is amended to allow for proceedings to be issued via a Part 7 or Part 8 claim form.

Other Technical Changes and Tidying Up – (i) Evidence (PD 32) – some housekeeping amendments are made to reflect a new unit created by the Foreign, Commonwealth and Development Office; (ii) Electronic Working Pilot Scheme (PD 51O) – a minor typographical amendment error is corrected; (iii) Change of Solicitor (PD 42) – technical amendments regarding how solicitors file notices of change.

PD Making document (PDF)

Pre-Action Protocol Update – (coming into force on 1st October 2023.)

The Master of the Rolls, as Head of Civil Justice, has approved the amendments within this PAP update.

The PAP update amends the PAP for Low Value Personal Injury Claims in Road Traffic Accidents, and The Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims.

The amendments are part of a package of amendments correcting minor errors such as incorrect cross-references arising out of the fixed recoverable costs amendments (see earlier bulletin regarding the Civil Procedure (Amendment No. 2) Rules 2023, 156th Practice Direction Update and associated Pre-Action Protocol (PAP) Update).

PAP Making document (PDF)

Standard Disclosure in Workplace Claims consultation

Your views are being sought on issues arising from the Civil Procedure Rule Committee’s consideration of Annex C (Standard Disclosure in Workplace Claims) to the Pre-Action Protocol for Personal Injury Claims.

Read more on this, including how to submit your comments on GOV.UK.

THE Civil Procedure (Amendment No. 2) Rules 2023, 156th Practice Direction Update and associated Pre-Action Protocol (PAP) Update

Further to the bulletin of April 2023, the Statutory Instrument and accompanying Practice Direction Update extending Fixed Recoverable Costs (FRC) have now been signed by the Parliamentary Under-Secretary of State for Justice.

The Statutory Instrument (SI) (The Civil Procedure (Amendment No. 2) Rules 2023 (legislation.gov.uk)) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment No.2) Rules 2023 enter into force on 1st October 2023.

The SI contains Rule amendments in respect of:

The extension of FRC to all civil claims across the fast track, including a new process and separate table of costs for Noise Induced Hearing Loss (NIHL) claims valued up to £25,000.

A new intermediate track and corresponding FRC for less complex claims valued at more than £25,000, but not more than £100,000.

FRC will apply to all cases in the fast track and the new intermediate track, with limited exceptions.

Specific provisions for vulnerable parties and witnesses under the extended FRC regime.

The arrangements for Part 36 offers to settle in low value personal injury cases already subject to FRC have been updated to cover all FRC claims.

The 156th Practice Direction Update – Coming into force on 1st October 2023

Substitutes, with a new practice direction, Practice Direction 45, which sets out both the current tables of fixed costs in what is currently Part 45 and revised and new tables of fixed costs to which a newly substituted Part 45 will also refer.

Substitutes, with a revised and renumbered practice direction, Practice Direction 26, to address—

(i) allocation to the intermediate track, as provided by Part 26; and

(ii) for claims allocated to either the fast track or the intermediate track, assignment to one of four complexity bands, as also provided by Part 26, which will determine the amount of fixed costs allowable in respect of a claim under Part 45.

Substitutes, with a substantially revised practice direction, Practice Direction 28; which makes provision not only regarding the case management of claims allocated to the fast track and intermediate track, but also those claims for noise induced hearing loss allocated to the fast track (in respect of which Part 45 for fixes the costs, which may be recovered).

An accompanying note (updated since the draft rules were published in April 2023) can be seen below:

Updated Public Notice document (PDF)

156th PD Making document (PDF)

Pre-Action Protocol Update – Coming into force on 1st October 2023

The Master of the Rolls, as Head of Civil Justice, has approved the amendments within this PAP Update.

The majority of amendments in this Update are minor consequential amendments, which take account of amendments to Part 36 and amendments to Parts 26 and 45 by way of substitution of those Parts and their respective practice directions.

More substantial amendments are made to the Pre-Action Protocol for Disease and Illness Claims, which make provision for noise induced hearing loss claims which would normally be allocated to the fast track, in respect of which costs are set by Section VIII of new Part 45 and Table 15 in PD 45. (Part 28 and PD 28, both amended by way of substitution, make further provision regarding the case management of such claims).

PAP update document (PDF)

News: Implementation of the extended fixed recoverable costs (FRC) regime: October 2023

This is further to the bulletin in 2022 (see further down this page). At the Civil Procedure Rule Committee’s (CPRC) meeting on 31 March 2023, the draft amendments required for the implementation of the extended FRC regime were approved in principle. The intended in-force date is 1 October 2023, subject to formal ratification by the CPRC and the Master of the Rolls, as Head of Civil Justice, as appropriate, to be followed by ministerial concurrence and approval by Parliament. Read more on this, including early publication of the draft amendments on GOV.UK.

CPR Part 24 (Summary Judgment)

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 24 of the CPR

If you wish to comment on the proposed changes, you should submit your comments by 28 April 2023 to: CPRCRollingConsultations@justice.gov.uk.

Please do not copy your responses to other email addresses and please state “Part 24” within the subject heading of your email.

Read more on this, including how to submit your comments on GOV.UK

Qualified One-Way Costs Shifting (QOCS) Consultation Response

The official response to the May 2022 consultation on QOCS has now been published.

You can read more about it on GOV.UK.

155th Practice Direction Update to the Civil Procedure Rules and Pre-Action Protocol Update – Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents

Master of the Rolls and the Parliamentary Under-Secretary of State for Justice, have signed the 155th Practice Direction Update to the Civil Procedure Rules, which came into force, on 6th March 2023. It provides amendments to Practice Direction 27B Claims Under the Pre-Action Protocol For Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents – Court Procedure. In addition, the Master of the Rolls, as Head of Civil Justice, approves a suite of amendments to:

(a) the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’);

(b) the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’); and

(c) the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (‘the RTA Small Claims Protocol’).

The amendments made to the RTA Protocol and the EL/PL Protocol come into force 22nd February 2023.

The amendments made to the RTA Small Claims Protocol came into force on 6th March 2023.

155th PD Making document (PDF)

Pre-Action-Protocol making document (PDF)

154th Practice Direction Update to the Civil Procedure Rules – Online Civil Money Claims Pilot and the Damages Claims Pilot

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice, have signed the 154th Practice Direction Update to the Civil Procedure Rules, which came into force, variously, from 1st March 2023. It provides a suite of amendments to two pilot Practice Directions (PD), namely PD 51R the Online Civil Money Claims Pilot and PD 51ZB the Damages Claims Pilot.

154th PD Making document (PDF)

Civil Procedure (Amendment) Rules 2023 & 153rd PD Update

The Statutory Instrument (SI) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment) Rules 2023 enter into force variously from 6th April 2023.

The SI contains Rule amendments in respect of:

Simplification Work (Parts 17, 19, 20, 21 and 38) –arising from the on-going work by the Civil Procedure Rule Committee, in accordance with its statutory duty to, “… try to make rules which are both simple and simply expressed.”. The amendments to Part 17 (Amendments to Statements of Case) includes a revised rule 17.1(1) to align with the judgment in Rawet v Daimler AG et al [2022] EWHC 235 (QB) Consequential amendments, in particular to cross-references of numbers of rules, in, or practice directions under, those Parts are also made.

Discontinuance of claims, causes of action and proceedings (Part 38) – an amendment is made to the definition of “statement of case” to substitute “counter claim or other additional claim” for “Part 20 Claims”, because the latter term is no longer used. ,

Qualified One-Way Costs Shifting (Part 44) – changes are made, following a public consultation, to the QOCS regime in personal injury cases in Part 44 of the CPR. This issue arises from the Supreme Court case of Ho v Adelekun in 2021 and involves the scope of set-off. A small rule drafting amendment was made in response to the consultation regarding ‘agreements to pay or settle a claim’ at r.44.14(1).

Chartered Institute of Legal Executives (CILEX) (Parts 52 and 54) – . the updates add the Chartered Institute’s new qualification of, “CILEX lawyer” to the list of qualifications for authorised court officers who may perform certain functions of the court.

Judicial Review (Cart reviews) (Part 54) – substituting for rule 54.7A, a revised rule in consequence of the provisions of section 2 of the Judicial Review and Courts Act 2022. The 2022 Act reverses the decision in R (Cart) v Upper Tribunal [2011] UKSC 28, [2012] AC 663 and substitutes an entirely new test for the very limited circumstances in which judicial review (JR) will now be permitted where the Upper Tribunal has refused permission to appeal.

Admiralty Claims (Part 61) – a suite of amendments, to (i) provide that personal injury claims which do not require the expertise of the Admiralty Court may be issued in the County Court and (ii) to update the rules in line with modern practice and with the intention to ensure early disclosure, improved particularisation of statements of case and thus enhancing the ability of the court and the parties to identify the issues in a collision action at an early stage, and to manage the case appropriately. CPR Form ADM3 (Collision Statement of Case) has also been updated in consequence. The revised form will be published on GOV.UK in the usual way, in line with the April 2023 in-force date.

Tidying Up – several amendments are made namely (i) in consequence of the change of Sovereign (ii) Renting Homes (Wales) Act 2016 to reflect changes in terminology; (iii) Amendments arising from the Joint Committee on Statutory Instruments – to correct errors identified by the JCSI in its Fourteenth Report of Session 2022-23; (vi) Apportionment in fatal accident claims – a correction of an accidental lacuna arising from a reordering provision in 2006/7. This is corrected by making CPR 41.3A its own “Section 1A” within Part 41, and giving it an appropriate title of, “Apportionment in Fatality Claims”; (v) Amendments in consequence of simplification reforms (to Part 16) made in the last SI (the Civil Procedure Amendment (No. 2) Rules 2022 (insert link); and (vi) Other minor amendments to address lacunae, including to rule 12.3(3) regarding the circumstances when a claimant cannot obtain a default judgment, to clarify the time at which any of the conditions are to be fulfilled.

The 153rd Practice Direction Update – (coming into force, variously, on 31st January 2023 and 6th April 2023)

Service by email – the amendments to PD6A are intended to address the effect of the decision in R (Tax Returned Ltd) v Commissioners for HMRC [2022] EWHC 2515 (Admin) – where it was held that a party who provides more than one email address for service, cannot be served electronically.

Simplification Work – amendments made to the substantive rules mean certain PDs are dispensed with as being unnecessary in their current form, albeit that some provisions are retained in the mainstream rules. However, other PDs are retained in a revised format, thus: PD17 is retained, but with substituted para 1.4; PD19A is revoked (with preserved provisions moved into Part 19) and PD19C moved to become PD19A. PD19B is retained in a reformed state. PD21 is revoked with preserved provisions moved into the substantive rules, though more succinctly expressed.

Appeals process in consequence of the Voter Identification Regulations 2022 – amendments to PD52D to facilitate an appeals process in consequence of the Elections Act 2022.

Extend Pilot – PD51O, the current pilot for e-working, is extended for a further year (to April 2024).

Revocation – the following PDs are revoked (i) PD55C (in relation to Covid 19 arrangements for possession hearings) which is no longer required because its provisions have already ceased to have effect; and (ii) PD51Y (in relation to Covid 19 video/remote hearings) which had expired except for the first sentence of paragraph 3, but is now revoked in its entirety on the basis that the remaining sentence no longer performs a useful function.

Other Technical Changes and Tidying Up: (i) PD3A to make the provisions at paragraphs 2.1 and 3.4 of PD3A gender neutral; (ii) PD3F to update the address for the Attorney General’s Office, following relocation; and (iii) PD57 to amend a signpost to reflect up to date legislative references.

New CPR Forms: Derivative Claims: in consequence of the amendments to Part 19, two new CPR prescribed forms have been created which replicate the forms of notice annexed to the legacy PD19C. The new forms will be published on Gov.uk, in the usual way, in line with the April 2023 in-force date. It is anticipated that the new forms will be N535 “Notice in relation to derivative claim – for claims involving a company” and N536 “Notice in relation to derivative claim – for claims involving a body corporate that is not a company or trade union”.

153rd PD making document (PDF)

CPR Part 22 and PD 22 (Statements of Truth) and Part 23, PD 23A and PD 23B (general rules about applications for court orders) consultation

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 22 and Part 23 of the CPR

If you wish to comment on the proposed changes, you should submit your comments by 24 February 2023 to: CPRCRollingConsultations@justice.gov.uk.

Please do not copy your responses to other email addresses and please state “Part 22 and Part 23” within the subject heading of your email.

Read more on this, including how to submit your comments on GOV.UK

News: Implementation of the extended fixed recoverable costs (FRC) regime

On 18 November 2022 Lord Bellamy KC, civil justice minister, announced at the Civil Justice Council National Forum that implementation of the extended fixed recoverable costs (FRC) regime would take place in October 2023. Meanwhile, work on finalising the new rules which will implement the FRC extension continues, including at the Civil Procedure Rule Committee (CPRC) meeting on 2nd December 2022. The drafting work is not complete and will be subject to ministerial approval in the new year. The proposals follow the recommendations of Sir Rupert Jackson in his 2017 report, and the subsequent Ministry of Justice consultation, on which the way forward was set out in September 2021. FRC will be introduced for most civil cases up to £100,000 in value, with some exceptions as previously set out. Rather than expanding the value covered by the existing Fast Track to cover “intermediate cases”, the plan is to introduce a new Intermediate Track, as recommended in the Jackson report, along with provisions for four complexity bands in each of the Fast Track and the Intermediate Track, again as recommended in the Jackson report. Full details of the proposed rules will be made available when they are ready, in good time for implementation in October 2023. This will include the detail of the FRC figures, as uprated for inflation since the Jackson report. Minutes of the CPRC meetings can be seen on GOV.UK.

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 151st and the 152nd Practice Direction Updates to the Civil Procedure Rules, which come into force variously on the 16November 2022 and 1st December 2022. The online rules will be updated accordingly.

151st and 152nd PD update

The 151st PD Update provides for:

Clarifying amendments to Practice Direction 51R, the Online Civil Money Claims (OCMC) Pilot Scheme, to make it clear that prospective Help with Fees is not available to legally represented parties using OCMC. There are also three further minor amendments for tidying up purposes and to simplify language.

PD Making document (PDF)

The 152nd PD Update provides for:

The introduction of PD 51Z, the County Court Officers Pilot Scheme. This scheme provides for Court Officers to be authorised to make certain paper case management directions by completing standard order templates. The work will be overseen by Designated Civil Judges. The pilot will apply nationally to all suitable county court claims (except for certain cases which are considered to be too factually complex). The Pilot does not include digital work, namely, cases issued through either the Online Civil Money Claims (OCMC) pilot or the online Damages Claims Pilot (DCP).The Pilot (PD 51Z) will run from 1st December 2022, until 30th November 2024 (unless extended).

In addition, the 152nd PD Update formally renumbers PDs 3E, 3F and 3G as PDs 3D, 3E and 3F, arising from the moving, in the 149th Update, of PD 3D to become a PD supporting Part 49 along with other modest tidying up.

PD Making document (PDF)

CPR Part 21 (Children and Protected Parties) and Proposed Revocation of Practice Direction 21

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 21 and the proposed revocation of PD21 of the CPR.

If you wish to comment on the proposed changes, you should submit your comments by 24th November 2022 to: CPRCRollingConsultations@justice.gov.uk.

Please do not copy your responses to other email addresses and please state “Part 21” within the subject heading of your email.

Read more on this, including how to submit your comments on GOV.UK

News: CPR Form amendments following the death of HM Queen Elizabeth II and the accession of HM King Charles III

The Civil Procedure Rule (CPR) Committee has approved changes to all approved forms requiring amendment following the death of HM Queen Elizabeth II.

In particular:

All references to “Elizabeth The Second” be replaced with “Charles The Third”

All references to “Queen” be replaced with “King”

All references to “Queen’s Bench Division” be replaced with “King’s Bench Division”

All references to “QB” be replaced by “KB”

Any other necessary and consequential amendments to reflect the change of Monarch.

Amended forms will be published in the usual way, in due course.

It is also noted that the use of the existing court seal continues until such time as another seal is prepared and authorised by His Majesty the King. Copies of all the Accession Council Orders can be seen here: https://privycouncil.independent.gov.uk/orders-in-council/the-accession-council/”

150th Practice Direction Update to the Civil Procedure Rules – amendments to PD 51ZB The Damages Claims Pilot

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 150th Practice Direction Update to the Civil Procedure Rules, which comes into force on 15th September 2022. The online rules will be updated accordingly.

It requires defendants who are legally represented to use the Damages Claims Portal (DCP) for claims within its scope.

Information on how to register with MyHMCTS can be found via this link.

The 150th PD Update follows the 142nd and 144th PD Updates, which made provision to require represented claimants to use the DCP.

Civil Procedure (Amendment No.2) Rules 2022 & 149th PD Update

The Statutory Instrument (SI) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment No. 2) Rules 2022 (enter into force variously, on 1st December in respect of Welsh Housing and on 1st October in respect of all other amendments)

The SI contains Rule amendments in respect of:

Welsh Housing – the Renting Homes (Wales) Act 2016 provides a single legal framework which replaces current legislation in respect of tenancies and licences. The changes to the CPR insert new rules in Part 55 and 56 and amend existing rules in Part 65 to cater for procedure in proceedings under the 2016 Act.

Vulnerable Parties – an amendment to CPR 6.23 (Service) will allow a vulnerable individual to withhold sharing their address from other parties (other than the court) in certain circumstances.

Service out of the Jurisdiction – a suite of amendments under Part 6 (and other rules) to allow for the circumstances in which the court may give permission for a claim to be served out of England and Wales.

Environmental Reviews – amendments to Part 46 (Costs), Part 54 (introduction of a new Section III) and a new PD (PD54E) in consequence of the Environment Act 2021. The CPR amendments establish a procedure for a new form of review under this Act.

Simplification Work – a package of changes arising from the work by the Committee to make to Rules both simple and simply expressed.

Tidying Up – amendments to Part 12 (Default Judgements) and non-urgent, clarificatory corrections, arising from the previous SI (Civil Procedure (Amendment) Rules 2022) and also an amendment to CPR 38.3(5), to draw users’ attention that a Notice of Discontinuance must be in the prescribed form.

Intellectual Property Enterprise Court (IPEC) Costs Caps – rules concerning IPEC costs are relocated from Part 45 (Fixed Costs) to Part 46 (Costs – Special Cases) and updated.

Admiralty Claims (Part 61) – amendments to rule 61.4 to clarify the effect of that rule and amendments to rule 61.9 (judgement in default Admiralty collision claims) in response to the judgement in Tecoil Shipping Ltd v The Owners of the Ship “Poseidon” [2020] EWHC 393 (Admiralty) to address a lacuna.

149th Practice Direction Update -(coming into force variously on 1st October 2022 and 1st December 2022)

Welsh Housing – a new PD56A, providing guidance for proceedings in Wales, and amendments are also made to PDs 55A, 55B and 65.

Service out of the Jurisdiction – amendments to PD6B and an additional method to improve the process for service out of the jurisdiction of England and Wales.

Environment Reviews – introduction of PD54E, which includes guidance for procedures for claims in the Office of Environmental Protection.

Simplification Work – Certain PDs are dispensed with as being unnecessary and others are retained in a revised format, following consultation:

Deleted: PD2D (References in the Rules to action done by the court); PD4 (Forms); PD15 (Defence and Reply).

PD3D (Mesothelioma Claims) has been relocated because it is a “case type specific” PD and better placed outside the generic Part 3 code for case management.

PD8A (Alternative Procedure for Claims) is relocated and streamlined.

PD16 (Statement of Case) has been revised to make the PD clearer and more concise, in particular to remove duplication of provisions that are already in Part 16.

Transcripts at the Public Expense – consequential amendments to PD52B (County Court and High Court Appeals) and PD52C (Appeals to the Court of Appeal);revisions to form EX105 will be published (via Gov.uk) in the usual way.

Civil Recovery Proceedings – amendments to incorporate the revised Unexplained Wealth Orders regime.

Disclosure in the Business and Property Courts – the pilot scheme is incorporated into the substantive Rules as a permanent PD under Part 57A. Further information is available on judiciary.uk

Other Technical Changes and Tidying Up – defunct hyperlinks in PD84 (Enforcement by Taking Control of Goods) are deleted. PD51ZC (Small Claims Track Paper Determination Pilot) contains a clarificatory point to reflect the “single county court” model.

149th PD Making document (PDF)

CPR Part 20 (Counter Claims and Other Additional Claims) and PD 20

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 20 and PD20 of the CPR.

If you wish to comment on the proposed changes, you should submit your comments by 23rd September 2022 to: CPRCRollingConsultations@justice.gov.uk. Please do not copy your responses to other email addresses and please state “Part 20” within the subject heading of your email.

Read more on this, including how to submit your comments on GOV.UK

Civil Procedure Rules 148th Practice Direction Update (Revoking the 145th PD Update)

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 148th Practice Direction Update to the Civil Procedure Rules, which comes into force immediately, Wednesday, 1st June 2022.

The 148th Practice Direction Update revokes the 145th Practice Direction Update, which amended PD 51ZB – The Damages Claims Pilot – to require legally represented defendants to use the Damages Claims Pilot for claims that fall within its scope.

148 PD Making document (PDF)

CPR Part 17 (Amendments to Statement of Case) and 38 (Discontinuance) Consultation

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 17 (Amendments to Statement of Case) and Part 38 (Discontinuance) of the CPR.

If you wish to comment on the proposed changes, you should submit your comments by 21 June 2022 to: CPRCRollingConsultations@justice.gov.uk. Please do not copy your responses to other email addresses and please state “Part 17 and 38” within the subject heading of your email.

Read more on this, including how to submit your comments on GOV.UK.

CPR Part 19 (Parties and Group Litigation) and the supplementing Practice Directions (PD19A, PD19B, PD19C) Consultation

The Civil Procedure Rule Committee (CPRC) is seeking your views.

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views on proposed amendments to Part 19 and PD19 of the CPR.

If you wish to comment on the proposed changes, you should submit your comments by 5 July 2022 to: CPRCRollingConsultations@justice.gov.uk. Please do not copy your responses to other email addresses and please state “Part 19” within the subject heading of your email.

Read more on this, including how to submit your comments on GOV.UK

145th, 146th and 147th Practice Direction Updates to the CPR

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 145th, 146th and 147th Practice Direction Updates to the Civil Procedure Rules, which come into force variously, as set out below.

The 145th PD Update provides for:

Mandating use of the Damages Claims Portal (PD51ZB) where the defendant is legally represented, so that use of the DCP is mandatory for claims that come within its scope, namely, damages claims where both parties are legally represented and there are no more than three parties to the claim. This amendment comes into force on 2nd June.

145th PD Making document (PDF)

The 146th PD Update provides for:

Extending the Online Civil Money Claims service (PD51R) to include the option whereby claims up to the value of £25,000 can be brought by a legally represented litigant against a legally represented litigant, in multi-party claims, up to a maximum of three parties. This amendment comes into force on 25th May.

146th PD Making document (PDF)

The 147th PD Update provides for:

Amendments to PD75 (Traffic Enforcement) will amend certain legislative references in PD 75, and the shortened titles by which they are referred, in anticipation of the coming into force of the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 and the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022. These Regulations respectively replace the Civil Enforcement of Parking Contraventions (England) General Regulations 2007 and the Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007. These amendments will come into force on 31st May.

Amendments to PD1A (Vulnerable Witnesses and Parties) provide for instances where there may be legitimate reasons a vulnerable victim seeks to protect their address from the other party. The PD is amended to expressly include the option of the court ordering the address/contact details of a vulnerable party or witness be kept confidential from the other party. These amendments come into force on 7th June.

147th PD Making document (PDF)

News: Practice Direction 51ZB – The Damages Claims Pilot (DCP):The Civil Procedure Rule Committee has approved the (145th) PD Update to require defendants who are legally represented to use the Damages Claims Portal (DCP) for claims within its scope, pending approval by the Master of the Rolls and Ministerial concurrence. This is due to come into force on 2 June 2022.

It includes the requirement for the defendant’s legal representative to register with MyHMCTS in order to access the system and receive notifications of claims.

The full PD Update is expected to be published soon. The online rules will then be updated accordingly.

This follows the 142nd and 144th PD Updates, which made provision to require represented claimants to use the DCP.

Further information on the DCP service can be found on GOV.UK.

Fixed Recoverable Costs (FRC) Consultation

Your views are being sought on issues arising from the Civil Procedure Rule Committee’s consideration of the implementation of Fixed Recoverable Costs (FRC) in Civil Cases.

Read more on this, including how to submit your comments on GOV.UK.

CPR Part 49 (Specialist Proceedings) consultation

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views.

The next set of proposed reforms being published for consultation concern CPR Part 49 (Specialist Proceedings). Some of the proposed changes have been mentioned in previous consultations (on Parts 3, 7 and 8).

Please submit any comments to CPRCRollingConsultations@justice.gov.uk by 23 May 2022.

Read more on this, including how to submit your comments on GOV.UK.

Civil Procedure Rules 144th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 144th Practice Direction Update to the Civil Procedure Rules.

The amendments made by this Update came into force on Friday 1st April and add further amendments to the suite of amendments made by the 142nd Update to ensure that all of the intended amendments to PD 51ZB (The Damages Claims Pilot) made by that instrument come into force at the same time. In summary, the 144th PD Update provides for the following:

The first amendment clarifies that PD51ZB only applies to legally represented claimants, not litigants in person.

The second amendment limits the scope of the Pilot, to ensure that it is not mandated for more complex multi-party cases which cannot otherwise be litigated through the system.

144th PD Making document (PDF)

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS’ LIABILITY AND PUBLIC LIABILITY) CLAIMS AND PRE-ACTION PROTOCOL FOR RESOLUTION OF PACKAGE TRAVEL CLAIMS

The Master of the Rolls as Head of Civil Justice approves the amendments to—

(a) the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims; and

(b)the Pre-Action Protocol for Resolution of Package Travel Claims.

The amendments made by this instrument come into force on 6th April 2022 and are made in consequence of the Civil Procedure (Amendment) Rules 2022 and the 140th PD Update within which amendments were made to increase the small claims track limit in non-road traffic PI claims from £1,000 to £1,500 to reflect the Ministerial Written Statement on 26 April 2021.

The necessary revisions to forms EL1, EL2, ELD1, ELD2, EPL3, EPL4, EPL5, EPL6 and 7, PL1 and PL2 are also being updated, so that the references to the value of the claim are amended from £1,000 to £1,500 in readiness of the 1st April 2022 in-force.

PAP Making document (PDF)

CPR Part 14 (Admissions), Part 15 (Defence and Reply), and Part 16 (Statements of Case) consultation

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views.

The next set of proposed reforms being published for consultation concern CPR Part 14 (Admissions), Part 15 (Defence and Reply), and Part 16 (Statements of Case).

Please submit any comments to CPRCRollingConsultations@justice.gov.uk by 2nd May 2022.

Read more on this, including how to submit your comments on GOV.UK.

Civil Procedure Rules 142nd and 143rd Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 142nd and 143rd Practice Direction Updates, which come into effect variously on 4th April for the 142nd Update and 22nd March and 1st June for the 143rd Update.

The 142nd Practice Direction Update provides for:

Amendments to PD 51ZB – Damages Claims Pilot (DCP) which require legally represented claimants in the County Court to use DCP for claims which come within the scope of PD 51ZB. The amendments take effect on 4th April 2022. PD 51ZB currently operates as a pilot until 30th April 2024 (unless extended).

142nd PD Making document (PDF)

The 143rd PD Update provides for:

Amendments to Practice Direction 51Y – Video or Audio Hearings During the Coronavirus Pandemic. Currently PD 51Y ceases to have effect on the date on which the Coronavirus Act 2020 ceases i.e. 25th March 2022. This PD has played an important role in providing for users to access remote hearings during the pandemic, which has improved access to justice for many and that provision is being extended for a further twelve months, until 25th March 2023,to allow time for it to be put on a permanent footing in due course, in line with the common commencement dates.

Introduce PD 51ZC – Small Claims Paper Determination Pilot. This pilot scheme operates from 1st June 2022 for two years, until 1st June 2024 (unless extended). The pilot scheme enables the court to direct that a small claim (with some exceptions as detailed in the PD, for example certain personal injury small claims and housing disrepair cases) be determined without a hearing and without requiring the agreement of all parties. The pilot PD will operate in six pilot courts: Bedford, Luton, Guildford, Manchester, Staines and Cardiff. An amended form N180 (Directions Questionnaire (Small Claims)) will be available online (via Gov.uk).

143rd PD Making document (PDF)

Civil Procedure Rules 141st Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 141st Practice Direction Update to revoke Practice Direction (PD) 51S – The County Court Online Pilot

This amendment came into force at 11:00 a.m, 1 March 2022 and provides for the following:

To omit PD 51S – The County Court Online Pilot – from the CPR

Any claims filed using County Court Online on or before 28 February 2022 will continue as if PD 51S remains in force.

PD 51S was introduced on 12September 2017, as part of the early stages of the HMCTS Reform Programme to digitalise the County Court, and was intended to cease in 2022. PD 51S is limited in scope to claims that would otherwise be brought only at the County Court Money Claims Centre (CCMCC) for claims where the claimant is represented; it was run on an invitation only basis. The Pilot under PD 51S has now reached a natural conclusion because of the introduction (on 28 May 2021) of the Damages Claims Pilot (PD 51ZB), which has much greater capability than the County Court Online service.

141st PD Making Document (PDF)

News: Practice Direction 51S – The County Court Online Pilot

The Civil Procedure Rule Committee has approved the (141st) PD Update to repeal PD51S (The County Court Online Pilot), pending approval by the Master of the Rolls and Ministerial concurrence. The update is expected to come into force soon. The online rules will then be updated accordingly.

CPR Part 7 (How to Start Proceedings – The Claim Form) and CPR Part 8 (Alternative Procedure for Claims) Consultation

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views.

The next set of proposed reforms being published for consultation concern CPR Part 7 (How to start Proceedings – the Claim Form) and Part 8 (Alternative Proceedings for Claims).

Please submit any comments to CPRCRollingConsultations@justice.gov.uk by 5PM, Thursday 24th March.

Read more on this, including how to submit your comments on GOV.UK.

Civil Procedure (Amendment) Rules 2022 & 140th Practice Direction Update

The Statutory Instrument (SI) is published via the legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment) Rules 2022 (enter into force on 6th April 202)

The SI contains Rule amendments in respect of:

Digital Notice of Change – CPR Part 2 and Part 42 is amended to reflect a new definition of ‘filing’ and introducing a new definition for ‘My HMCTS’ (an online system) to allow notices of change of solicitor to be filed online.

Acknowledgement of Service – a replacement to CPR Part 10, which reflects current work by the Committee to simplify and condense the Rules. These changes remove PD10 and remove other text, to consolidate in the substantive Rules. This follows a six-week public consultation which closed 12 November.

Default Judgment – Part 12, which also reflects work on brevity and simplification of the Rules, the changes remove the supplementing PD12 to incorporate procedure into the substantive Rules. This was subject to the same public consultation referred to above.

Small Claims Track limit – Part 26 is amended to increase the small claims track limit in non-road traffic PI claims from £1,000 to £1,500. This reflects the Ministerial Written Statement on 26 April 2021.

There are a suite of consequential amendments that flow from this in the SI (to Parts 16 (statements of case), Part 26 (case management), Part 27 (small claims) and Part 45 (fixed costs).

Anonymisation – Part 39 is amended to widen the application of granting anonymity (to a person) rather than the current “party or witness” in response to case law Brearley v Higgs & Sons (a Firm) [2021] EWHC 1342 (Ch).

Authorised Costs Officers – changes to Part 47 with regard to the powers of an authorised costs officer, for clarificatory purposes. The issues were highlighted by PME v Scouts [2019] EWHC 3421 QB and PME v Scouts [2019] EWHC B10 (Costs).

Anti-Social Behaviour (ASBI) – changes to CPR 65 in response to a Civil Justice Council report and their recommendation on legal advice.

Tidying up – a minor change to Part 1 on the Overriding Objective to remove the word “new”, since the CPR is no longer new. Changes to Planning Court (Part 54) proceedings, arise from the simplification work to consolidate the planning PD provisions; a new PD ‘lifts and shifts’ provisions previously provided for in various PDs, into one focused area. The Rule change reflects a new PD number.

140th Practice Direction Update (coming into force variously from 1st February 2022 in respect of PD51O Electronic Working Pilot Scheme; 14th February 2022 in respect of PD75 Traffic Enforcement and 6th April 2022 in respect of all other amendments)

The Master of the Rolls and the Parliamentary Under Secretary of State for Justice have signed the PD Update. It provides for amendments in respect of:

Vulnerability – protections for vulnerable parties arising from the civil provisions in the Domestic Abuse Act 2021, are provided for in PD1A.

A suite of updated forms are expected to be launched on GOV.UK’s Form Finder in due course.

Civil Restraint Orders (PD3C) to increase the maximum term of the CRO from two to three years.

Digital Notice of Change (PD4 (forms), PD 42 (change of solicitor) and PD51ZB (damages claims pilot) to introduce a process for filing a digital Notice of Change of Solicitor.

Small Claims Track limit – in consequence of the above (SI) amendments, revisions are made to PD4 (on forms) and PD7A (how to start proceedings and the claim form).

Acknowledgement of Service (PD10) & Default Judgment (PD12) to delete the PDs in consequence of the amendments provided for above (in the SI).

Planning Provisions – a “lift and shift” exercise to consolidate all the PD rules on planning into one place.

Electronic Working – amendments to: PD51O to extend the pilot for a further 12 months to enable final roll out of the project for eFiling; to PD23A (applications), PD25A (interim injunctions), Competition Act – Warrants PD and the Civil Recovery PD to update the language regarding electronic communication and to reflect more accurately current and future practice.

Other Technical Changes and Tidying Up within 140th PD Update:

Imaging Orders (PD25A) in response to the judgment in TBD v. Simons [2020] EWCA Civ 1182 to ensure consistency of practice and adherence of safeguards. A new example form of Order, which can be modified in individual cases is annexed to PD25A. It is a model form of Order and not a prescribed form under PD4. It is expected to be available on GOV.UK’s Form Finder in due course.

Authorised Costs Officers (PD47) to update and clarify the Rules in response to caselaw PME -v- Scouts [2019] EWHC 3421 QB);

Traffic Enforcement (PD75) technical changes in consequence of amendments to be made by the Littering From Vehicles Outside London (Keepers: Civil Penalties) (Amendment) Regulations 2021 (these amendments come into force on the 14th of February 2022, to coincide with the coming into force of new regulations.)

Forms (PD4) a suite of amendments in consequence of the changes made in this update cycle.

An updated suite of Commercial Court Forms (comprising some existing forms that have been revised, together with a collation of new forms) for use in the Commercial Court, the London Circuit Commercial Court and the Regional Circuit Commercial Court respectively are now available on GOV.UK Form Finder here: Commercial Court forms – GOV.UK (www.gov.uk)and on judiciary.uk here: CPR, Guides and Forms | Courts and Tribunals Judiciary

140th PD Making document (PDF)

Civil Procedure Rules 139th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 139th Practice Direction Update to amend Practice Direction (PD) 51R – Online Civil Money Claims.

This amendment came into force at 11 a.m, 25th January 2022 and provides for the following:

Increases the work and powers of Legal Advisers: Currently, PD51R provides that an HMCTS Legal Adviser has delegated authority togive directions in defended cases (within the OCMC Pilot) up to and including a value of £300. This amendment increases that delegated authority to cases up to and including £1,000 in value.

139th PD Making document (PDF)

CPR Part 2 (Application and Interpretation of the Rules), Part 3 (the Court’s Case Management Powers), and Part 4 (Forms) consultation

As part of its project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997, the Civil Procedure Rule Committee (CPRC) is seeking your views.

The next set of proposed reforms being published for consultation concern CPR Part 2 (Application and Interpretation of the Rules), Part 3 (the Court’s Case Management Powers), and Part 4 (Forms).

Please submit any comments to CPRCRollingConsultations@justice.gov.uk by 11 February 2022.

Read more on this, including how to submit your comments, via the below link:

CPR Part 2 (Application and Interpretation of the Rules), Part 3 (the Court’s Case Management Powers), and Part 4 (Forms) consultation

Civil Procedure Rules 138th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 138th Practice Direction Update to amend Practice Direction (PD) 51R – Online Civil Money Claims.

These amendments are effective immediately, having come into force at 11 a.m, 8th December 2021 and provide the following:

PD 51R – Online Civil Money Claims (OCMC) Pilot:

to simplify the underlying legislative structure of OCMC so that, rather than being a subsidiary categoryof Money Claim Online (MCOL), the OCMC service will be a stand-alone online service. Previously, it was only a subset of MCOL for fee purposes, but earlier this year online and paper fees were aligned. The amendments include carrying forward into the OCMC PD, the effect of some provisions that previously applied from PD7E, MCOL.

to allow claimants who have applied for Help with Fees (HwF) to start the process of bringing their claim using OCMC.

138th PD Making document (PDF)

Civil Procedure Rules 137th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 137th Practice Direction Update to amend Practice Direction (PD) 51O – Electronic Working Pilot Scheme, PD 51U – Disclosure Pilot for the Business and Property Courts and PD 55C – Coronavirus: Temporary Provisions in Relation to Possession Proceedings.

The amendments are effective immediately, having entered into force on the 12th November 2021.

The amendments will provide for the following:

PD 51O – Electronic Working Pilot Scheme: Changes the date for E-Filing in the Court of Appeal from 22 November 2021 to 10 January 2022 and the mandatory date for the use of E-Filing by a party who is legally represented from 17 January 2022 to 14 February 2022. The earlier dates were initially included in the 133rd PD Update, but it has not proved possible for the project to deliver in the original timescale, so the revised dates have been established.

PD 51U – Disclosure Pilot for the Business and Property Courts: This pilot was modified in response to user feedback and some amendments were introduced, pursuant to the previous Update (136th PD Update). A further amendment is now required, to correct an oversight by amending wording which was intended to be omitted from the 136th PD Update.

PD 55C – Coronavirus: Temporary Provisions in Relation to Possession Proceedings: The current PD is due to expire on the 30 November 2021.These amendments provide for PD55C to continue in two respects. First, the entire practice direction will remain in force in relation to claims issued before 1 December 2021. Second, the requirements that claimants must provide notices about their knowledge of the effect of the pandemic on the defendant and (where relevant) as to their compliance with the Pre-Action Protocol continue until 30June 2022.

137th PD Making document (PDF)

September 2021: Temporary Insolvency Practice Direction | Courts and Tribunals Judiciary

Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (“The RTA Small Claims Protocol”)

The Master of the Rolls as Head of Civil Justice has approved amendments to the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (“The RTA Small Claims Protocol”).

The PAP Update provides amendments to the procedure on the Official Injury Claim portal:

*A change to the definition of compensator to apply the definition to an organisation or business which is handling claims itself;

*Changes to the procedure for going to court in cases involving RTA Insurers or Article 75 Insurers where neither party provides an address for the defendant, so that such cases drop out of the portal; and

*Changes to the process for cases where the compensator accepts fault but initially disputes that the accident caused the claimant’s injury, then later accepts causation – in such circumstances the compensator will be treated as admitting liability.

The Protocol was first published in the Schedule to the PAP Update, approved by the Master of the Rolls on 18th February 2021. The amendments come into force on 1 December 2021.

PAP making document (PDF)

Civil Procedure Rules 136th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 136th Practice Direction Update to amend the Disclosure Pilot for the Business and Property Courts, to be governed by PD 51U whichis currently in operation until 31st December 2022.

The PD is effective from 1 November 2021.

The amendments will provide for the following changes:

The creation of a separate regime within the pilot for ‘Less Complex Claims’ which is described in a new Appendix 5 to PD51U, together with a simplified version of the Disclosure Review Document (DRD) and guidance notes in two new Appendices 6 and 7.

Multi-party cases will still operate within the spirit of the regime set out in the pilot, however, there is now an express recognition that disclosure in multi-party claims is likely to need a bespoke approach from the court, which is addressed in paragraphs 1.12 and 13.5 of the revised PD51U.

Modifications to the provisions relating to lists of issues for disclosure, with a view to making the process of agreeing lists of issues simpler and less contentious and discouraging excess. The approach to the exclusion of narrative documents has been softened to prevent greater expense being incurred on the exclusion of documents than is incurred on leaving them in. These changes have resulted from a review of the way the pilot operates leading to amendments to paragraphs 7 to 10 of PD51U and the DRD and guidance notes.

Disclosure Guidance – paragraph 11 of PD51U has been redrafted to remove the emphasis on the need for a hearing. Further, a new paragraph 6A explains that ‘court control’ over disclosure can be provided by guidance or by the court resolving differences in the traditional way by a party bringing forward an issue for determination by way of an application.

136th PD Making document (PDF)

Civil Procedure Rules 135th Practice Direction Update

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have signed the 135th Practice Direction Update to amend the Online Civil Money Claims Pilot, to be governed by PD 51R which is currently in operation until 30th November 2023.

The PD is effective from 11am on 1 November 2021.

The amendments have 3 main purposes:

Two relate to admissions, namely, to clarify the time for payment of a judgment on admission and to clarify the terms on which a judgment on admission is to be made.

To introduce changes to enable a default judgment to be made in Online Civil Money Claims service (the pilot) in certain circumstances. At present, while a claimant may request default judgment using the OCMC system, if a request is received by the court, PD 51R requires the claim to be sent out of OCMC to the County Court Business Centre (CCBC) for the request to be processed.

135th PD Making document (PDF)

CPR Part 10 (Acknowledgment of Service) and Part 12 (Default Judgment) consultation

The Civil Procedure Rule Committee (CPRC) is seeking your views.

The CPRC has commenced a new project to try to simplify the rules; this being a statutory duty under s.2(7) of the Civil Procedure Act 1997. The work is being conducted by a sub-committee chaired by Mr Justice Kerr which is approaching its task in a phased way over the next 12-24 months. In doing so, the CPRC has resolved to commence a rolling programme of consultation whereby drafting proposals are published for comment before changes are introduced. It is important to note that proposed changes to the CPR will be focused on drafting amendments and not substantive changes. Some proposals may relocateor dispense with provisions altogether. Read more on this, including how to submit your comments, via the below link:

CPR Part 10 (Acknowledgment of Service) and Part 12 (Default Judgment) consultation

Civil Procedure Rules 134th Practice Direction Update – OCMC Pilot

The Master of the Rolls and the Courts Minister have signed the PD Update.

The 134th PD Update – Practice Direction 51R, Online Civil Money Claims Pilot (OCMC). Insert link (Due to commence 20th July 2021)

134rd PD Making document (PDF)

PD51R – OCMC Pilot – updates the PD to expressly provide for the following circumstances in relation to paper responses:

where a defendant moves from being an online defendant to a paper defendant (or vice versa) the defendant should not be able to engineer a double time extension (one as an online defendant and one as a paper defendant) for submitting a response;

to clarify that even partial completion of a paper response form is sufficient to stop a default judgment being entered against the defendant;

where the defendant is capable of responding online, but the nature of their response is not catered for by the pilot, the defendant is required to use a mainstream CPR paper form, whereupon the matter is then sent out of OCMC to the County Court Business Centre.

Civil Procedure (Amendment No. 4) Rules 2021 & 133rd Practice Direction Update

The statutory instrument is published via the Legislation website and the online rules will be updated in due course.

The Civil Procedure (Amendment No. 4) Rules 2021 (enter into force on 7th August 2021 in respect of CPR 83.8A(2) and from 1st October 2021 in respect of all other amendments)

The SI contains Rule amendments in respect of:

Recording in Court – amends CPR Part 2 and Part 27 concerning the meaning and application of “tape recording”, to address two items of lacunae and to bring the rules up to date so that any form of recording in court is covered, not just tape-recordings. Part 27 is amended to provide that rule 39.9 (which provides for recording and transcription of proceedings) applies in relation to proceedings on the small claims track (as well as the fast track and multi-track, where that provision has always applied).

Payments – amends CPR Part 21 concerning Protected Parties and Detailed Assessments and Pre-Action Interim Payments to address a gap in the CPR to make it clear that applications for approval of voluntary and interim payments in cases involving children or protected parties should be made under CPR Part 8 and that the court is able to order payment of costs to the child’s litigation friend in a case where detailed assessment of costs has been dispensed with under rule 46.4(3).

Admiralty Claims – amendments to CPR Part 24 and Part 61 to bring the rules in relation to Admiralty claims up to date and in line with practice, specifically in relation to summary judgment in Admiralty claims, the sale of arrested property before judgment and the determination of priorities and the directions to be given in orders for sale.

Striking out of Counter Claims – amends CPR Part 25 regarding where counterclaims are struck out, to clarify the position where a defendant who has brought a counterclaim is granted an interim injunction in the counterclaim, but where the counterclaim is struck out for non-payment of fees.

Appeals – amendments to CPR Part 40 and Part 52 to resolve doubts about the position regarding when permission to appeal applications and extension of time for permission applications should be made when the hearing at which judgment is given is adjourned – to the effect that the application can be made at the adjourned hearing.

Possession: Further Notice of Eviction– amendment is made to CPR 83.8A(2) to provide to the occupiers a further minimum 7 days’ notice of eviction, if the first eviction does not take place as intended. This is effective from 07 August 2021.

“Tender before Claim” definition– the CPR Glossary is amended to address a gap on the definition of “Tender before claim” and in response to caselaw (RSM Bentley Jennison (A Firm) & Ors v Ayton [2015] EWCA Civ 1120) to bring it up to date.

Tidying up – CPR Part 70 is amended following the 127th PD Update and the introduction of PD70B. This tidying up exercise (providing for the existing PD70 to be renumbered as PD70A on account of the addition of PD70B, and to amend cross-references in consequence) is in the interests of consistency with other CPR Parts which have more than one PD associated with them.

133rd Practice Direction Update (coming into force variously from 18th July 2021 and 1st October 2021)

133rd PD Making document (PDF)

The Master of the Rolls and the Courts Minister have signed the PD Update. It provides for amendments in respect of:

PD 4 – Forms-reinstates form N79A (Suspended Committal Order) under the Enforcements Section. This was previously removed in error as part of the contempt reforms.

PD 5B – Communication and Filing of Documents by e-mail – removes the obligation for parties to include a debit/credit card number when filing an application by email where a fee is payable. Similar changes are also being made to the Family Procedure Rules.

PD 25B – Interim Payments – corrects errors in references in the rules.

PD 51O – Electronic Working Pilot Scheme – adds in additional jurisdictions to the e-working (CE-file) pilot scheme.

PD 51U – Disclosure Pilot for the Business and Property Courts – provides for two updates: extends the pilot for a further 12 months to 31st December 2022, andmodifies para 9.2 to clarify that in a case where no order for Extended Disclosure is made in respect of a party on any Issue for Disclosure, that party must still disclose all known adverse documents within 60 days of the first case management conference and provide a Disclosure Certificate certifying that this has been done.

PD 52B – Appeals in the County Court and the High Court – makes consequential changes related to the above SI amendments under Part 52.

PD 52D – Statutory Appeals and Appeals Subject to Special Provision – updates the references (at para 27A.1(2)(c)) to the Welsh Language (Wales) Measure 2011 for Welsh Language Statutory Appeals, which are currently incomplete.

PD 56 – Landlord and Tenant Claims and Miscellaneous Provisions About Land – updates the PD to reflect the current state of the legislation because it contained repealed legislation and this was identified in GR Property v Safdar [2020] EWCA Civ 1441 (paragraphs 13 to 21).

PD 61 – Admiralty Claims – deals with consequential changes related to the above SI amendments under Part 61 and will update the PD in relation to the application of PD 57AC (Witness Evidence at Trial), especially to cater for the particular circumstances of contemporaneous witness evidence within the Admiralty jurisdiction.

PD 70 – Enforcement of Judgments and Orders – makes changes consequential to the Part 70 (“tidying up”) amendments referred to in the above SI.

PD 74A – Merchant Shipping Liner Conferences (Admiralty)– removes an outdated provision.

PD55C Coronavirus: Temporary Provision in relation to Possession Proceedings – extends the pilot for a further term (4 months) from end July 2021 to end November 2021.

June 2021: Extended temporary Insolvency Practice Direction – approved and signed by Lord Wolfson | Courts and Tribunals Judiciary

March 2021: Extended temporary Insolvency Practice Direction – approved and signed by Lord Wolfson

PD51X Consultation

The Civil Procedure Rule Committee is seeking views on the operation of PD51X Statement of Costs for Summary Assessment Pilot and forms N260A and N260B. Please complete the online survey by 30July 2021.

Extended temporary Insolvency Practice Direction – approved and signed by Lord Wolfson

132nd Practice Direction Update to the Civil Procedure Rules (PD 51ZB)

The Master of the Rolls and Parliamentary Under-Secretary of State for Justice have signed the 132nd Practice Direction Update to introduce a new pilot scheme for Damages Claims Online (DCO) to be governed by the PD 51ZB.

The PD is effective from 28 May 2021.

132 PD making document (PDF)

The main changes effected by this PD Update are to:

Establish PD 51ZB, a new pilot scheme called “The Damages Claims Pilot” (DCP) to test a procedure that will allow legal professionals to digitally issue a claim, to respond to that claim and provide hearing information. At this stage, it may only be used by legal representatives, and then by invitation only.

The pilot scheme will cover claims for damages brought by a single claimant against a single defendant, where the claimant is represented by a solicitor who is registered with the service. The pilot will enable users to issue proceedings, upload particulars of claim, acknowledge receipt of the claim and claim details, file a defence (and extension of time for defence), reply and provide initial case management and hearing information. Thereafter, the claim will be transferred out of the DCP and will be managed as if it has been issued under the existing provisions of CPR Part 7.

The pilot will initially operate for three years, from 28th May 2021 to 30th April 2024.

PD51ZB will be supported by published guidance, a technical specification for the DCP, and a set of “mock” screens which demonstrate how the system works. This allows for a slightly shorter and simpler PD than would otherwise have been necessary.

Civil Procedure Rules – PAP Update (coming in force on 12th May 2021)

PAP Update: PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS BELOW THE SMALL CLAIMS LIMIT IN ROAD TRAFFIC ACCIDENTS

The Master of the Rolls as Head of Civil Justice has approved amendments to the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (“the Protocol”).

PAP Update (PDF)

The Protocol was first published in the Schedule to the PAP Update, approved by the Master of the Rolls on 18th February 2021 (see below). The amendments come into force on 12th May 2021.

Civil Procedure (Amendment No.3) Rules 2021 & the 131st Practice Direction Update

The Statutory Instrument is being published via the Legislation website. The on-line rules/web site will also be updated accordiingly.

Civil Procedure (Amendment No.3) Rules 2021 (enter into force no later than 31 May 2021). The SI contains rule amendments in respect of.

Amendment to rule 6 of the Civil Procedure (Amendment No. 2) Rules 2021 which amends rule 27.2, to correct a drafting error and some further grammatical amendments. (Coming into force on the 21st day after the day on which the Rules are laid before Parliament.)

Substitutes cross-references to “Practice Direction 27A” for cross-references to “Practice Direction 27” in CPR Part 27, in anticipation of the new PD27B ‘Claims Under the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents – Court Procedure’. (Coming into force on 31May 2021.)

The 131st Practice Direction Update(coming into force variously from today, 05 May 2021 and 31May 2021)

The Master of the Rolls and the Courts Minister have signed the PD Update.

131st PD Making document (PDF)

The 131st PD Update providesamendments in two respects:

Standard Directions to form an appendix to PD27B ‘Claims Under the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents – Court Procedure’ (in substitution of Appendix B to PD27B in the Schedule to the 129th PD Update).

A suite of Practice Directions supplementing CPR Part 54 (Judicial Review) which have been revised in consequence of developments in caselaw and practice. CPR Part 54 is supplemented by four PDs (54A, 54C, 54D and 54E (PD 54B having previously been revoked)). The amendments provide for the addition of a new Practice Direction 54B to make provision in relation to urgent cases, and the revocation of PD 54C (which is now obsolete), with consequential renumbering of Practice Directions 54D and 54E as 54C and 54D, together with some modernisation and “tidying up” of drafting in what become 54C and 54D. The main changes lie in a recasting of PD54A, prompted by concerns expressed by the Court of Appeal in a number of cases (most recently, R(Dolan and others) v Secretary of State for Health and Social Care [2020] EWCA Civ 1605, in particular 