The Civil Procedure (Amendment No.2) Rules 2010

Made: 29th July 2010

Laid before Parliament: 2nd August 2010

Coming into force in accordance with rule 1

The Civil Procedure Rule Committee, in exercise of the power conferred by section 2 of the Civil Procedure Act 1997[^f00001] to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules—

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2010.

• (2) Except as provided in paragraph (3), these Rules come into force on 1st October 2010.

• (3) Rules 3, 6 and 9 of and Schedule 3 to these Rules come into force on the date on which Part 4 of the Policing and Crime Act 2009[^f00002] comes into force.

2

In these Rules—

• (a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[^f00003];

• (b) a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and

• (c) a reference to an Order by number and prefixed “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998

3

For rule 30.3(2)(f) substitute—

(f) the facilities available to the court at which the claim is being dealt with, particularly in relation to— (i) any disabilities of a party or potential witness; (ii) any special measures needed for potential witnesses; or (iii) security;

4

In Part 31—

• (a) in the table of contents, at the end of the heading “Subsequent use of disclosed documents” insert “and completed Electronic Documents Questionnaires”;

• (b) in the heading to rule 31.22, after “documents” insert “and completed Electronic Documents Questionnaires”; and

• (c) after rule 31.22(3) insert—

(4) For the purpose of this rule, an Electronic Documents Questionnaire which has been completed and served by another party pursuant to Practice Direction 31B is to be treated as if it is a document which has been disclosed.

5

In Part 45—

• (a) in the table of contents—

• (i) after “Alternative percentage increaseRule 45.22” insert—

• (ii) after “Account of payment of Stage 1 fixed costsRule 45.40” insert—

• (b) after rule 45.40 insert Section VII (Scale costs for claims in a patents county court) as set out in Schedule 1 to these Rules.

6

In Part 52—

• (a) in rule 52.4(3), for “Unless” substitute “Subject to paragraph (4) and unless”;

• (b) after rule 52.4(3) insert—

(4) Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 2009[^f00004] the appellant is not required to serve the appellant’s notice on the respondent.

; and

• (c) after rule 52.5(6) insert—

(7) This rule does not apply where rule 52.4(4) applies.

7

After rule 55.10(4) insert—

(4A) An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.

8

In Part 63—

• (a) In the table of contents—

• (i) omit “Patents judgeRule 63.4”; and

• (ii) after “Appeals from decisions of the Comptroller or the registrarRule 63.16” insert—

• (b) omit rule 63.4; and

• (c) after rule 63.16, insert Section V (Patents county court) as set out in Schedule 2 to these Rules.

9

In Part 65—

• (a) in the table of contents, after “EvidenceRule 65.41” insert—

• (b) in rule 65.1—

• (i) in sub-paragraph (f), after “;” omit “and”; and

• (ii) at the end of sub-paragraph (g) insert—

; and (h) in Section VIII, about injunctions under the Policing and Crime Act 2009.

; and

• (c) after rule 65.41 insert Section VIII (Injunctions under the Policing and Crime Act 2009) as set out in Schedule 3 to these Rules.

10

In Part 77—

• (a) in the table of contents—

• (i) for “Scope and interpretationRule 77.1” substitute—

• (ii) after “Where to make an applicationRule 77.5” insert—

• (b) for rule 77.1 substitute—

(77.1) This Part contains rules about— (a) in Section 1, applications for a serious crime prevention order under section 8 of the Serious Crime Act 2007[^f00005] and related applications under sections 9, 17 and 18 of that Act; and (b) in Section 2, applications under section 54(3) of the Criminal Procedure and Investigations Act 1996[^f00006] for an order quashing an acquittal. (77.1A) In this Section— (a) “the 2007 Act” means the Serious Crime Act 2007; and (b) “SCPO” means a serious crime prevention order under section 1 or section 9 of the 2007 Act.

; and

• (c) after rule 77.5 insert Section 2 (Application to Quash an Acquittal) as set out in Schedule 4 to these Rules.

11

• (1) RSC Order 115 is amended as follows.

• (2) In rule 24—

• (a) renumber paragraph “(ba)” as paragraph “(c)”;

• (b) renumber paragraph “(c)” as paragraph “(g)”; and

• (c) at the end of the paragraph renumbered as “(c)”—

• (i) omit “and”; and

• (ii) insert—

(d) “domestic freezing order certificate” means a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom; (e) “overseas freezing order” means an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom; (f) “British Islands order” means a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and

• (3) In rule 25, for “paragraph 9” substitute “paragraph 13”.

• (4) In the heading to rule 26, after “restraint order” insert “and domestic freezing order certificate”.

• (5) In rule 26—

• (a) in paragraph (1), for “under paragraph 5” substitute “and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B”;

• (b) in paragraph (2)(c)—

• (i) for “the order” substitute “the restraint order and, where relevant, the domestic freezing order certificate”; and

• (ii) for “;” substitute “.”;

• (c) after paragraph (2) insert—

(2A) An applicant who seeks a domestic freezing order certificate must— (a) prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and (b) attach it to the application for the restraint order under paragraph (1).

; and

• (d) in paragraph 4, for “Court” substitute “court”.

• (6) In rule 27—

• (a) in paragraph (2), for “Court” substitute “court”; and

• (b) after paragraph (3) insert—

(4) Where a domestic freezing order certificate is made it must be served with the copies of the restraint order as provided for in paragraph (3).

• (7) In the heading to rule 28, for “order” substitute “a restraint order and a domestic freezing order certificate”.

• (8) In rule 28—

• (a) in paragraph 3(c), after “affected by the” insert “restraint”; and

• (b) after paragraph (5) insert—

(6) A reference in this rule to a restraint order also applies, where relevant, to a domestic freezing order certificate. (7) Where an order is made under paragraph (5) which discharges or varies a domestic freezing order certificate the applicant must notify the court or authority in accordance with paragraph 11C of Schedule 4.

• (9) In the heading to rule 29, after “Compensation” insert “in relation to a restraint order, domestic freezing order certificate or forfeiture order”.

• (10) In the heading to rule 30, after “registration” insert “of a British Islands order”.

• (11) In rule 30, for “Scottish order, a Northern Ireland order or an Islands order” substitute “British Islands order under paragraph 13(4) of Schedule 4”.

• (12) For the heading to rule 31 substitute “Evidence in support of an application for registration of a British Islands order”.

• (13) In rule 31(1), for “any such order as is mentioned in rule 30” substitute “a British Islands order”.

• (14) For the heading to rule 32 substitute “Register of all orders registered under the Act”.

• (15) In the heading to rule 33, after “Notice of registration” insert “of a British Islands order”.

• (16) In rule 33(1), for “an order” substitute “a British Islands order”.

• (17) In the heading to rule 34, for “set aside registration” substitute “cancel registration of a British Islands order”.

• (18) In rule 34—

• (a) for “set aside” substitute “cancel”; and

• (b) for “an order” substitute “a British Islands order”.

• (19) In the heading to rule 35, for “order ” substitute “a British Islands order”.

• (20) In the title to rule 36, after “registration” insert “of a British Islands order”.

• (21) In rule 36, for “Scottish, Northern Ireland or Islands order” substitute “British Islands order”.

• (22) After rule 36 insert—

(36A) (1) Save in exceptional circumstances the court will consider an overseas freezing order the next business day after receipt of a copy of that order from the Secretary of State. (2) In any event the court will consider the order within 5 business days of receipt of it. (3) The court will not make an order giving effect to an overseas freezing order unless it is satisfied that the Director of Public Prosecutions has had the opportunity to make representations to the court in writing or at a hearing. (4) ‘Business day’ has the same meaning as in CPR rule 6.2. (36B) Where the court makes an order to give effect to an overseas freezing order the court will register that order in accordance with rule 32. (36C) Where the court gives effect to an overseas freezing order it will order the Director of Public Prosecutions to serve notice of registration of the order on any persons affected by it. (36D) An application under paragraph 11G(4) of Schedule 4 by the Director of Public Prosecutions or any person affected by an overseas freezing order must be made to the court in accordance with CPR Part 23.

12

Omit RSC Order 116.

13

In CCR Order 26, rule 17—

• (a) in paragraph (2)—

• (i) for “desiring” substitute “applying for”;

• (ii) omit “to be issued”; and

• (iii) for “request certifying” substitute “certificate”; and

• (b) after paragraph (2) insert—

(2A) When applying for a warrant of possession of a dwelling-house subject to a mortgage, the claimant must certify that notice has been given in accordance with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010[^f00007].

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

Signed

Neuberger of Abbotsbury, M.R. — Martin Moore-Bick, L.J. — Launcelot Henderson, J. — Master Barbara Fontaine — HHJ Stephen Stewart Q.C. — District Judge Robert Hill — District Judge Suzanne Burn — William Featherby Q.C. — Nicholas Bacon Q.C. — David di Mambro — Katy Peters

I allow these Rules

Signed by authority of the Lord Chancellor

Nick Herbert — Minister of State — Ministry of Justice — 29th July 2010

Explanatory note

(This note is not part of these Rules)

EXPLANATORY NOTE

These Rules amend the Civil Procedure Rules 1998 in that they—

• amend rule 31.22, by inserting a new paragraph (4), to provide that an Electronic Documents Questionnaire which has been served by another party is to be treated as if it is a document which has been disclosed;

• amend rule 55.10 and CCR Order 26, rule 17 in Schedule 2 to the Civil Procedure Rules to reflect the requirement of the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (S.I. 2010/1809) for notice to have been given to any occupiers of a dwelling-house before a warrant of possession can be applied for;

• insert a new Section V in Part 63 to include provisions about the procedure for claims in a patents county court. Consequential amendments are also made to Part 45;

• insert a new Section VIII in Part 65 to include provisions for injunctions under Part 4 of the Policing and Crime Act 2009. Consequential amendments are also made to Part 30 and Part 52;

• insert a new Section 2 in Part 77 in order to transfer from Schedule 1 to the Civil Procedure Rules into the main body of the Civil Procedure Rules the provisions contained in RSC Order 116. The provisions transferred relate to applications under the Criminal Procedure and Investigations Act 1996 for an order to quash a tainted acquittal; and

• amend Part III of RSC Order 115 in Schedule 1 to the Civil Procedure Rules by inserting provisions relating to domestic freezing order certificates and overseas freezing orders following amendments to Schedule 4 to the Terrorism Act 2000 by Schedule 4 to the Crime (International Co-operation) Act 2003.

Footnotes

[^f00001]: 1997 c. 12. Section 2 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 261, 263(1) and (2).

[^f00002]: 2009 c. 26.

[^f00003]: S.I. 1998/3132. There are relevant amendments in S.I. 2000/2092, 2001/1388, 2007/3543 and 2009/2092.

[^f00004]: 2009 c. 26.

[^f00005]: 2007 c. 27.

[^f00006]: 1996 c. 25.

[^f00007]: S.I. 2010/1809

[^f00008]: 2009 c. 26.

[^f00009]: 1996 c. 25.

[^f00010]: 1980 c. 43.

[^f00011]: S.I. 2010/60.

[^f00012]: S.I. 1982/1109.