107th Practice Direction Amendment Update

|Practice Directions|Civil

Amendments to Practice Directions are contained in the 107th Update to the Civil Procedure Rules, but they will only come into force if and when the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (SI 2019/521) comes into force.

Summary

The 107th PD Update provides for related No Deal EU Exit implications and will only come into force if and when the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 SI 2019/521 come into force, which can be viewed at: www.legislation.gov.uk/uksi/2019/521/contents/made

The 107th PD Update provides for amendments to remove provisions from Civil Procedure Rules related Practice Directions which relate to powers, processes and orders under EU Instruments or Treaties which will no longer be applicable or available when those Instruments or Treaties are revoked by the EU Withdrawal Act or the Statutory Instruments (SI) made under it, or in some cases amend such provision where such Instruments are retained in an amended form.

These changes ensure relevant legislation that comes into force in a ‘no deal’ scenario will be given effect in the Practice Directions supplementing the CPR as well as in the CPR themselves.  This in turn serves to ensure the practices and procedures which govern the operation of the civil courts remain effective and update to date.

The amendments also ensure there are appropriate transitional and saving provisions in the CPR for proceedings which commenced but not concluded under those Instruments, Conventions and provisions before exit day.

The PD Update amends a total of 15 Practice Directions. In summary they are:

  • PD6A – Service within the United Kingdom
  • PD6B – Service out of the Jurisdiction
  • PD12 – Default Judgments
  • PD31C – Disclosure and Inspection in relation to Competition Claims
  • PD34A – Depositions and Court Attendance by Witnesses
  • PD49A – Applications under the Companies Acts and related legislation
  • PD51U – Disclosure Pilot for the Business and Property Courts
  • PD52D – Statutory Appeals and Appeals subject to Special Provisions
  • PD63A – Intellectual Property Claims
  • PD68 – References to the European Court
  • PD74A – Enforcement of Judgments in different jurisdictions
  • PD74B – European Enforcement Orders
  • PD78 – European Procedures
  • The Competition Law PD – Claims relating to the application of Articles 81 and 82 of the EC Treaty and Chapters I and II of Part I of Competition Act 1998
  • The Competition Act Warrants PD – Application for a Warrant under the Competition Act 1998