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

The statutory instrument is published via the Legislation website (external link, opens in a new tab) and the online rules will be updated in due course.

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

The 133rd Practice Direction Update (PDF, opens in a new tab) (coming into force variously from 18 July 2021 and 1 October 2021)

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 email – 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, and modifies 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 Proceedingsextends the pilot for a further term (4 months) from end July 2021 to end November 2021.

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