The Civil Procedure (Amendment No. 3) Rules 2016

Made: 20th July 2016

Laid before Parliament: 21st July 2016

Coming into force: 3rd October 2016

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[^f00001] to make rules of court under section 1 of that Act and 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 No. 3) Rules 2016.

2

These Rules come into force on 3rd October 2016.

3

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

4

The Civil Procedure Rules 1998 are amended in accordance with rules 5 to 15 of these Rules.

Amendment of Part 2

5

In rule 2.4(a), after “Master” insert “, Registrar in Bankruptcy”.

Amendment of Part 26

6

In rule 26.2A—

• (a) in paragraph (3), for “Subject to paragraph (5)”, substitute “Subject to paragraphs (5) and (5A)”;

• (b) in paragraph (4), for “Subject to paragraph (5)”, substitute “Subject to paragraphs (5) and (5A)”;

• (c) in paragraph (5), for “If, on their directions questionnaire”, substitute “Subject to paragraph (5A), if, on their directions questionnaire”; and

• (d) after paragraph (5), insert—

(5A) At the relevant time, the claim must be sent to the County Court at Central London if— (a) the claim is started at the County Court Business Centre or the County Court Money Claims Centre; (b) a court officer provisionally decides, pursuant to rule 26.3, that the track which appears to be most suitable for the claim is the multi-track; and (c) either— (i) in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or (ii) in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire, is one of the hearing centres listed in Practice Direction 26 at paragraph 10.4.

Amendment of Part 40

7

In rule 40.2(4)—

• (a) omit sub-paragraph (a);

• (b) in sub-paragraph (b), after “appeal court” insert “, with an indication of the division of the High Court where the High Court is the appeal court”; and

• (c) in sub-paragraph (d), after “appeal court” insert “, including the appropriate division where relevant,”.

Amendment of Part 45

8

In the words in parentheses after rule 45.41, for “52.9A” substitute “52.19”.

Amendment of Part 47

9

In rule 47.14(7), for “52.4” substitute “52.12”.

Substitution of Part 52

10

For Part 52, substitute the new Part 52 in the Schedule to these Rules.

Amendment of Part 54

11

In rule 54.5(6), for “regulation 92” substitute “regulation 92(2)”.

Amendment of Part 63

12

In rule 63.19—

• (a) omit paragraph (1A); and

• (b) in paragraph (3), delete “specialist” before “claim”.

Amendment of Part 76

13

• (1) In rule 76.12(2)—

• (a) in sub-paragraph (a), for “rule 52.3” substitute “rules 52.3, 52.4 and 52.6”;

• (b) in sub-paragraph (b), for “52.4” substitute “52.12”;

• (c) in sub-paragraph (c), for “52.5” substitute “”52.13”; and

• (d) in sub-paragraph (d), for “52.11” substitute “52.21”.

• (2) In rule 76.16(2)—

• (a) in sub-paragraph (b), for “52.4” substitute “52.12”; and

• (b) in sub-paragraph (c), for “52.5” substitute “52.13”.

Amendment of Part 80

14

• (1) In rule 80.8(2)—

• (a) in sub-paragraph (a), for “rule 52.3” substitute “rules 52.3, 52.4 and 52.6”;

• (b) in sub-paragraph (b), for “52.4” substitute “52.12”;

• (c) in sub-paragraph (c), for “52.5” substitute “”52.13”; and

• (d) in sub-paragraph (d), for “52.11” substitute “52.21”.

• (2) In rule 80.12(2)—

• (a) in sub-paragraph (b), for “52.4(1)” substitute “52.12(1)”; and

• (b) in sub-paragraph (c), for “52.5” substitute “52.13”.

Amendment of Part 88

15

In rule 88.15(2)—

• (a) type=start slip=2016-08-01 time=1472028570528in sub-paragraph (a)type=end slip=2016-08-01 time=1472028570528, for “52.4(1)” substitute “52.12(1)”; and

• (b) type=start slip=2016-08-01 time=1472028594684in sub-paragraph (b)type=end slip=2016-08-01 time=1472028594684, for “52.5” substitute “52.13”.

Transitional provision

16

• (1) Where an appellant’s notice has been issued before 3rd October 2016, the provisions of Part 52 in force immediately before that date continue to apply in relation to that case.

• (2) Where a request was made under rule 52.16 before 3rd October 2016 for—

• (a) review of a decision of a court officer; or

• (b) reconsideration of a decision of a single judge or a court officer made without a hearing,

the provisions of rule 52.16 in force immediately before that date continue to apply for the purposes of that review or reconsideration.

SCHEDULE

Signed

The Right Honourable Lord Dyson, MR — Michael Briggs, LJ — Mr Justice Birss — Mr Justice Coulson — His Honour Judge Martin McKenna — District Judge Michael Hovington — Edward Pepperall QC — Brett Dixon — Andrew Underwood — Kate Wellington

I allow these Rules

Signed by authority of the Lord Chancellor

Oliver Heald — Minister of State — Ministry of Justice — 20th July 2016

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Civil Procedure Rules 1998 (CPR) (S.I. 1998/3132), by—

• including Registrars in Bankruptcy in the definition of “the court” in rule 2.4;

• amending rule 26.2A to provide for multi-track cases issued or sent to the “London Group” of County Court hearing centres to be automatically transferred to the County Court at Central London, which is the Civil Trial Centre for all such cases;

• making minor changes to Parts 40 and 63 in relation to routes of appeal;

• substituting for Part 52 a new Part 52 incorporating changes in relation to applications for permission to appeal to the Court of Appeal and the exercise by court officers of functions of the Court of Appeal, and making consequential changes in Parts 45, 47, 76, 80 and 88 to correct cross-references to rules which are renumbered in the new Part 52;

• correcting a reference in rule 54.5(6) so that it refers to the specific paragraph of the provision in question.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4, Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18. Section 1(1) was amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 67(a).

[^f00002]: S.I. 1998/3132, to which there are relevant amendments in S.I. 1999/1008, S.I. 2000/2092, S.I. 2002/2058, S.I. 2005/2292, S.I. 2007/3543 and S.I. 2013/262.

[^f00003]: 1989 c. 41.

[^f00004]: S.I. 1993/2854. Rule 3 was substituted by S.I. 2001/1128, rule 3; paragraph (7) was substituted by S.I. 2004/2526, rule 4(7) and amended by S.I. 2013/1693, rule 3(a); paragraph (7ZA) was inserted by S.I. 2013/1693, rule 3(b); and paragraph (10) was substituted by S.I. 2004/2526, rule 1(1), and amended by S.I. 2013/1693, rule 3(b).

[^f00005]: 2009 c. 26.

[^f00006]: 1999 c. 22. Section 57(1) was amended by section 40(4) of and paragraph 68 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4).

[^f00007]: 1999 c. 22. Section 54 was amended by section 17 and paragraph 52 of Schedule 9 to the Crime and Courts Act 2013 (c. 22).

[^f00008]: 1981 c. 54. Section 58 was substituted by section 60 of the Access to Justice Act 1999 (c. 22) and amended by section 59 of and paragraph 26(2) of Schedule 11 to the Constitutional reform Act 2005 (c. 4).

[^f00009]: 1922 c. 16. Paragraph 16 was amended by paragraph 5 of Schedule 2 to the Law of Property (Amendment) Act 1924 (c. 5), and by S.I. 2002/1794, article 5 and Schedule 1 paragraph 1(d).

[^f00010]: 1992 c. 53. Section 11(1) was amended by section 9 of the Sea Fish (Conservation) Act 1992 (c. 60) and section 42(10 of and paragraphs 19 and 20 of Schedule 8 to the Special Educational Needs and Disability Act 2001 (c. 10); and by S.I. 2001/3649 article 336, S.I. 2008/2833 article 9(1) and Schedule 3 paragraphs 105 and 106, S.I. 2009/1307 article 5(1) and (2) and Schedule 1 paragraphs 244 and 245, and S.I. 2013/1036 article 6(1) and Schedule 1 paragraphs 96 and 97.

[^f00011]: 1990 c. 8.

[^f00012]: 1990 c. 39.

[^f00013]: 1993 c. 48.

[^f00014]: 2004 c. 35.