The Civil Procedure (Amendment No. 3) Rules 2021

Made: 4th May 2021

Laid before Parliament: 6th May 2021

Coming into force in accordance with rule 2

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997[^f00001] to make rules under section 1 of and Schedule 1 to the Act and after fulfilling the requirements of section 2(6) of that Act, makes the following Rules.

Citation and commencement

1

These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2021.

2

• (1) Rule 3 comes into force on 31st May 2021.

• (2) Rule 4 comes into force on the 21st day after the day on which these Rules are laid before Parliament.

Amendments to Part 27 of the Civil Procedure Rules 1998

3

• (1) Part 27 of the Civil Procedure Rules 1998[^f00002] is amended in accordance with paragraphs (2) and (3) of this rule.

• (2) In rule 27.4(3)(a)(ii), for “Practice Direction 27”, substitute “Practice Direction 27A”.

• (3) In rule 27.14(2), in sub-paragraphs (b), (e) and (f), for “Practice Direction 27”, in each place it appears, substitute “Practice Direction 27A”.

Amendment to the Civil Procedure (Amendment No. 2) Rules 2021

4

In rule 6 of the Civil Procedure (Amendment No. 2) Rules 2021[^f00003]—

• (a) after the words “In rule 27.2”, omit the words “, for paragraph (2B) substitute”; and

• (b) in paragraph (b), in the words in quotation marks to be inserted by that provision—

• (i) for “small claims”, in the first place it appears, substitute “small claim”; and

• (ii) in sub-paragraph (b), omit “as they may apply to those small claims”.

Signed

The Right Honourable Sir Geoffrey Vos, MR — Lord Justice Birss — Mr Justice Trower — His Honour Judge Bird — His Honour Judge Jarman QC — Master Cook — District Judge Cohen — District Judge Parker — Tom Montagu-Smith QC — Dr Anja Lansbergen-Mills — Masood Ahmed — Lizzie Iron

I allow these Rules

Signed by authority of the Lord Chancellor

David Wolfson — Parliamentary Under-Secretary of State for Justice — Ministry of Justice — 4th May 2021

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) (“CPR”), by substituting cross-references to “Practice Direction 27A” for cross-references to “Practice Direction 27” in Part 27 of the Rules. These amendments are made in anticipation of the coming into force on 31st May 2021 of new 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, these Rules amend rule 6 of the Civil Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/196), which amends rule 27.2 of the CPR, to correct a drafting error. Further amendments have been made to improve the grammar of the new provision which is inserted by rule 6.

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. There are relevant amendments in S.I. 2010/621, S.I. 2013/262 and S.I. 2021/196.

[^f00003]: S.I. 2021/196.