The Civil Procedure (Amendment) Rules 2011

Made: 17th January 2011

Laid before Parliament: 19th January 2011

Coming into force: 6th April 2011

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

These Rules may be cited as the Civil Procedure (Amendment) Rules 2011, and come into force on 6th April 2011.

2

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998[^f00002].

Amendments to the Civil Procedure Rules 1998

3

In Part 5—

• (a) in rule 5.4C(1)(b), after “a hearing)”, insert “, subject to paragraph (1B)”.

• (b) after rule 5.4C(1A), insert—

(1B) No document— (a) relating to an application under rule 78.24(1) for a mediation settlement enforcement order; (b) annexed to a mediation settlement enforcement order made under rule 78.24(5); (c) relating to an application under rule 78.26(1) or otherwise for disclosure or inspection of mediation evidence; or (d) annexed to an order for disclosure or inspection made under rule 78.26 or otherwise, may be inspected without the court’s permission .

4

In Part 6—

• (a) In the table of contents—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) in the entry for the heading of rule 6.7, substitute “Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state”;

• (iii) in the entry for the heading of rule 6.8, after “where” insert “before service”;

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (v) in the entry for the heading of rule 6.23, at end insert “to be given after proceedings are started”;

• (b) in rule 6.2—

• (i) at the end of sub-paragraph (c), delete “and”;

• (ii) at the end of sub-paragraph (d), for “.” substitute “; and”; and

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) for rule 6.7 substitute—

(6.7) (“Solicitor” has the extended meaning set out in rule 6.2(d).) (1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where— (a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or (b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction, the claim form must be served at the business address of that solicitor. (2) Solicitor in Scotland or Northern Ireland or EEA state other than the United Kingdom: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where— (a) the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form; (b) the defendant has given in writing the business address within any other EEA state of a solicitor as an address at which the defendant may be served with the claim form; or (c) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any other EEA state, the claim form must be served at the business address of that solicitor. (3) European Lawyer in any EEA state: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where— (a) the defendant has given in writing the business address of a European Lawyer in any EEA state as an address at which the defendant may be served with the claim form; or (b) a European Lawyer in any EEA state has notified the claimant in writing that the European Lawyer is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address of the European Lawyer, the claim form must be served at the business address of that European Lawyer. (“European Lawyer” has the meaning set out in rule 6.2(e).) (For Production Centre Claims see paragraph 2.3(7) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)

• (h) in rule 6.8—

• (i) in the heading, after “where” insert “before service”;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) in sub-paragraph (a), for “within the jurisdiction” substitute “at which the defendant resides or carries on business within the UK or any other EEA state and”;

• (iv) at end insert—

(For Production Centre Claims see paragraph 2.3(7) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.) (For service out of the jurisdiction see rules 6.40 to 6.47.)

• (i) in rule 6.9—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) at end insert—

(For service out of the jurisdiction see rules 6.40 to 6.47.)

• (j) in rule 6.14, after “A claim form served” insert “within the United Kingdom”;

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (n) in rule 6.22—

• (i) in paragraph (2)(a), after “rule 6.23” delete “(2)(a)”;

• (ii) at end insert—

(For service out of the jurisdiction see rules 6.40 to 6.47.)

• (o) in rule 6.23—

• (i) in the heading, at end insert “to be given after proceedings are started”;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) for paragraph (2), substitute—

(2) Except where any other rule or practice direction makes different provision, a party’s address for service must be— (a) the business address either within the United Kingdom or any other EEA state of a solicitor acting for the party to be served; or (b) the business address in any EEA state of a European Lawyer nominated to accept service of documents; or (c) where there is no solicitor acting for the party or no European Lawyer nominated to accept service of documents — (i) an address within the United Kingdom at which the party resides or carries on business; or (ii) an address within any other EEA state at which the party resides or carries on business. (For Production Centre Claims see paragraph 2.3(7) of Practice Direction 7C; for Money Claims Online see paragraph 4(6) of Practice Direction 7E; and for Possession Claims Online see paragraph 5.1(4) of Practice Direction 55B.)

• (iv) in paragraph (3), for the words from “there” to “business” substitute “none of sub-paragraphs (2)(a), (b) or (c) applies”;

• (v) in paragraph (4), for “Any” substitute “Subject to the provisions of Section IV of this Part (where applicable), any”;

• (vi) at end insert—

(For service out of the jurisdiction see rules 6.40 to 6.47.)

• (p) in rule 6.26, after “claim form, served” insert “within the United Kingdom”;

• (q) in rule 6.40—

• (i) in paragraph (2), for “any document” substitute “a claim form or other document”;

• (ii) in paragraph (3)—

• (aa) in the heading and where it subsequently occurs, for “defendant”, substitute “party”;

• (bb) for “the claimant” substitute “a party”;

• (cc) after “claim form or” in the first place where it occurs delete “any”;

• (dd) after “Convention” insert “or Treaty”;

• (iii) for the parentheses that follow the rule, substitute—

(The texts of the Civil Procedure Treaties which the United Kingdom has entered into may be found on the Foreign and Commonwealth Office website at http://www.fco.gov.uk/en/publications-and-documents/treaties/lists-treaties/bilateral-civil-procedure.)

• (r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (s) in rule 6.42—

• (i) in paragraph (1)—

• (aa) for “the claimant” substitute “a party”;

• (bb) delete “on a defendant”;

• (cc) after “Civil Procedure Convention” insert “or Treaty”;

• (dd) after “Hague Convention” insert “or any other Civil Procedure Convention or Treaty”;

• (ii) in paragraph (2)—

• (aa) for “the claimant” substitute “a party”;

• (bb) delete “on a defendant”;

• (cc) after “Convention” insert “or Treaty”;

• (iii) in paragraph (3)—

• (aa) for “the claimant” the first time it occurs substitute “a party”;

• (bb) after “Hague Convention” insert “or is such a party but HM Government has not declared acceptance of its accession to the Convention”;

• (cc) for “the claimant” the second time it occurs substitute “the party”;

• (dd) for “claimant’s” substitute “party’s”;

• (t) in rule 6.43—

• (i) in paragraph (1), for “the claimant” substitute “a party”;

• (ii) in paragraph (2), for “the claimant” substitute “that party”;

• (iii) in paragraph (3), for “the claimant” substitute “a party”;

• (iv) in paragraph (4), after “Hague Convention” insert “or any other Civil Procedure Convention or Treaty”;

• (v) in paragraph (5), for “the Hague Convention” substitute “a Civil Procedure Convention or Treaty”;

• (u) in rule 6.44—

• (i) in paragraphs (1) and (3), for “claimant” substitute” party”;

• (ii) in paragraph (5), after “claim form” insert “or other document”; and

• (v) in rule 6.45—

• (i) in paragraph (4)—

• (aa) for “The claimant” substitute “A party”;

• (bb) after “Convention” insert “or Treaty”;

• (ii) in paragraph (5), for “The claimant” substitute “A party”.

5

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6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In rule 10.5, for the first set of parentheses that follow the rule substitute—

(Rule 6.23 makes provision in relation to addresses for service.)

8

In rule 16.5—

• (a) in paragraph (8), for “he” substitute “the defendant”; and

• (b) for the second set of parentheses that follow the rule substitute—

(Rule 6.23 makes provision in relation to addresses for service.)

9

In Part 31—

• (a) in rule 31.3(1)—

• (i) at the end of paragraph (b), omit “or”;

• (ii) at the end of paragraph (c), for “.”, substitute “; or”; and

• (iii) after paragraph (c), insert—

(d) rule 78.26 applies.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

In Part 45—

• (a) in the table of contents, after—

“Summary assessment of the costs of an application where a party has behaved unreasonably	Rule 45.43”

insert—

VIII FIXED COSTS: HM REVENUE AND CUSTOMS
Scope, interpretation and application	Rule 45.44
Amount of fixed commencement costs in a county court claim for the recovery of money	Rule 45.45
Costs on entry of judgment in a county court claim for recovery of money	Rule 45.46
When the defendant is only liable for the fixed commencement costs	Rule 45.47

; and

• (b) after rule 45.43 insert Section VIII (Fixed Costs: HM Revenue and Customs) as set out in Schedule 1 to these Rules.

12

In Part 78—

• (a) in the title to this Part omit “Order for Payment and European Small Claims”;

• (b) in the table of contents, after—

“Stay of or limitation on enforcement	Rule 78.22”

insert—

SECTION III – MEDIATION DIRECTIVE
Scope of this Section and interpretation	Rule 78.23
Making a mediation settlement enforceable (mediation settlement enforcement orders)	Rule 78.24
Mediation settlement enforcement orders: foreign currency	Rule 78.25
Mediation evidence: disclosure or inspection	Rule 78.26
Mediation evidence: witnesses and depositions	Rule 78.27
Mediation evidence: small claims	Rule 78.28

• (c) after rule 78.1(2), insert—

(2A) Section III contains rules about mediated cross-border disputes that are subject to Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.

; and

• (d) after Section II, insert Section III as set out in Schedule 2 to these Rules.

Transitional Provision

13

The amendments made by rule 12 of these Rules, which insert a new Section III in Part 78, apply only where the mediation of a cross-border dispute was commenced on or after 6th April 2011.

SCHEDULE 1

SCHEDULE 2

Signed

Neuberger of Abbotsbury, M.R. — Martin Moore-Bick, L.J. — Launcelot Henderson, J. — HHJ Stephen Stewart Q.C. — District Judge Robert Hill — William Featherby Q.C. — David Grant — Edward Pepperall

I allow these Rules

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 17th January 2011

Explanatory note

(This note is not part of these Rules)

EXPLANATORY NOTE

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

• amend Part 6 of the CPR (with consequential amendments in rules 10.5 and 16.5): (a) to allow for the address of a European Lawyer in an EEA state, or, for a litigant in person, the litigant’s normal residence or place of business in the United Kingdom or failing that any EEA state, to be provided as an address for service, and (b) to update references to Civil Procedure Conventions or Treaties which make provision for service of documents;

• insert a new Section VIII in Part 45 to provide for a scale of fixed costs to apply where HM Revenue and Customs officers are successful in a claim in a county court for the recovery of a sum payable to the Commissioners for Revenue and Customs;

• make provision enabling the transposition of article 6 (enforceability of agreements resulting from mediation) and article 7 (confidentiality of mediation) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, by inserting a new section (Section III – Mediation Directive) into Part 78, together with consequential amendments in Parts 5, 7, 8, 31 and 32. The new Section III includes information on the scope of the section and interpretation (rule 78.23), rules in relation to article 6 of the Directive (rules 78.24 and 78.25) and rules in relation to article 7 (rules 78.26 to 78.28).

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

Editorial notes

[^key-c1a1067e22cfc23b5817a135217d6749]: Art. 1 in force at 6.4.2011, see art. 1

[^key-b2342d8ca620b3dde024db4c18c84ddd]: Art. 3 in force at 6.4.2011, see art. 1