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Civil Procedure (Amendment) Rules 2022 & 140th Practice Direction Update

|Practice Direction|News

The Statutory Instrument (SI) 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) Rules 2022 (enter into force on 6th April 2022)

The SI contains Rule amendments in respect of:

Digital Notice of Change – CPR Part 2 and Part 42 is amended to reflect a new definition of ‘filing’ and introducing a new definition for ‘My HMCTS’ (an online system) to allow notices of change of solicitor to be filed online.

Acknowledgement of Service – a replacement to CPR Part 10, which reflects current work by the Committee to simplify and condense the Rules.  These changes remove PD10 and remove other text, to consolidate in the substantive Rules.  This follows a six-week public consultation which closed 12 November.

Default Judgment – Part 12, which also reflects work on brevity and simplification of the Rules, the changes remove the supplementing PD12 to incorporate procedure into the substantive Rules.  This was subject to the same public consultation referred to above.

Small Claims Track limit – Part 26 is amended to increase the small claims track limit in non-road traffic PI claims from £1,000 to £1,500. This reflects the Ministerial Written Statement on 26 April 2021 (external link, opens in a new tab)

There are a suite of consequential amendments that flow from this in the SI (to Parts 16 (statements of case), Part 26 (case management), Part 27 (small claims) and Part 45 (fixed costs).

Anonymisation – Part 39 is amended to widen the application of granting anonymity (to a person) rather than the current “party or witness” in response to case law Brearley v Higgs & Sons (a Firm) [2021] EWHC 1342 (Ch).

Authorised Costs Officers – changes to Part 47 with regard to the powers of an authorised costs officer, for clarificatory purposes.  The issues were highlighted by PME v Scouts [2019] EWHC 3421 QB and PME v Scouts [2019] EWHC B10 (Costs).

Anti-Social Behaviour (ASBI) – changes to CPR 65 in response to a Civil Justice Council report and their recommendation on legal advice.

Tidying up – a minor change to Part 1 on the Overriding Objective to remove the word “new”, since the CPR is no longer new. Changes to Planning Court (Part 54) proceedings, arise from the simplification work to consolidate the planning PD provisions; a new PD ‘lifts and shifts’ provisions previously provided for in various PDs, into one focused area. The Rule change reflects a new PD number.

140th Practice Direction Update (word document) (coming into force variously from 1st February 2022 in respect of PD51O Electronic Working Pilot Scheme; 14th February 2022 in respect of PD75 Traffic Enforcement and 6th April 2022 in respect of all other amendments)

The Master of the Rolls and the Parliamentary Under Secretary of State for Justice have signed the PD Update. It provides for amendments in respect of:

Vulnerability – protections for vulnerable parties arising from the civil provisions in the Domestic Abuse Act 2021, are provided for in PD1A.

A suite of updated forms are expected to be launched on GOV.UK’s Form Finder (external link, opens in a new tab) in due course.

Civil Restraint Orders (PD3C) to increase the maximum term of the CRO from two to three years.

Digital Notice of Change (PD4 (forms), PD 42 (change of solicitor) and PD51ZB (damages claims pilot) to introduce a process for filing a digital Notice of Change of Solicitor.

Small Claims Track limit – in consequence of the above (SI) amendments, revisions are made to PD4 (on forms) and PD7A (how to start proceedings and the claim form).

Acknowledgement of Service (PD10) & Default Judgment (PD12) to delete the PDs in consequence of the amendments provided for above (in the SI).

Planning Provisions – a “lift and shift” exercise to consolidate all the PD rules on planning into one place.

Electronic Working – amendments to: PD51O to extend the pilot for a further 12 months to enable final roll out of the project for eFiling; to PD23A (applications), PD25A (interim injunctions), Competition Act – Warrants PD and the Civil Recovery PD to update the language regarding electronic communication and to reflect more accurately current and future practice.

Other Technical Changes and Tidying Up within 140th PD Update:

Imaging Orders (PD25A) in response to the judgment in TBD v. Simons [2020] EWCA Civ 1182 to ensure consistency of practice and adherence of safeguards.  A new example form of Order, which can be modified in individual cases is annexed to PD25A.  It is a model form of Order and not a prescribed form under PD4. It is expected to be available on  GOV.UK’s Form Finder (external link, opens in a new tab) in due course.

Authorised Costs Officers (PD47) to update and clarify the Rules in response to caselaw PME -v- Scouts [2019] EWHC 3421 QB);

Traffic Enforcement (PD75) technical changes in consequence of amendments to be made by the Littering From Vehicles Outside London (Keepers: Civil Penalties) (Amendment) Regulations 2021 (these amendments come into force on the 14th of February 2022, to coincide with the coming into force of new regulations.)

Forms (PD4) a suite of amendments in consequence of the changes made in this update cycle.

An updated suite of Commercial Court Forms (comprising some existing forms that have been revised, together with a collation of new forms) for use in the Commercial Court, the London Circuit Commercial Court and the Regional Circuit Commercial Court respectively are now available on GOV.UK Form Finder here: Commercial Court forms – GOV.UK (www.gov.uk) and on judiciary.uk here: CPR, Guides and Forms | Courts and Tribunals Judiciary

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