101st Update to the Civil Procedure Rules

|Practice Directions|Civil

What’s New

Amendments to practice directions are contained in the 101st Update to the Civil Procedure Rules. The changes come into force variously on 08 November 2018 and 30 November 2018.

The amendments cover:

  • Video Hearings Pilot Scheme (effective from 30 November 2018): The pilot will test a procedure for applications to set aside County Court default judgments entered under Part 12 of the Civil Procedure Rules, and which are heard at the Manchester or Birmingham Civil Justice Centres, via an internet-enabled video link. Subject to their consent, the parties (or their legal representatives) will attend the hearing of the application, using the video-link, from suitable IT equipment and will see and hear, and will be seen and heard by, each other and the judge determining the application. Hearings will be held in public. Members of the public may access a hearing by attending the court in person and will see and hear the judge and the parties or their legal representatives on a screen set up in the court room. The pilot supports the ongoing reform programme to modernise the court system. The pilot will run from 30th November 2018 to 30th November 2019.
  • A pilot scheme is established, as PD 51V.
  • Jurisdiction of the County Court that may be exercised by a legal adviser (commencement date to be advised08 November 2018): A technical amendment within Practice Direction 2E (PD2E) to permit legal advisers at the County Court Business Centre (CCBC) and the County Court Money Claims Centre (CCMCC) to consider applications to make a counterclaim after a defence has been filed (pursuant to rule 20.4(2)(b)) but to limit that power to applications where the limitation period for bringing the counterclaim has not expired. Commencement date to be advised.

A technical amendment within Practice Direction 2E (PD2E) to permit legal advisers at the County Court Business Centre (CCBC) and the County Court Money Claims Centre (CCMCC) to consider applications to make a counterclaim after a defence has been filed (pursuant to rule 20.4(2)(b)) but to limit that power to applications where the limitation period for bringing the counterclaim has not expired.

Forms:

There are no new forms being released with this PD update.

Take Notice:

A further Practice Direction Update and/or Statutory Instrument containing rule changes, is/are anticipated in or around January 2019.