1 October 2019—changes to the CPR, practice directions and pre-action protocols in force

1 October 2019—changes to the CPR, practice directions and pre-action protocols in force

The changes in force from Tuesday 1 October 2019 cover the following areas: the Media & Communications List which was created in 2017 and is now reflected in the CPR, the Pre-Action Protocol  for defamation is substituted with the Pre-Action Protocol for Media and Communications Claims, changes are made to provide clarification on what is meant by 'incurred costs' for the purposes of costs budgeting, costs protection in environmental claims, the allocation of cases within the judiciary and the relaxation of restrictions on certain claims brought by the Takeover Panel. 

CPR rules

The changes are:

CPR 45—cost protection in environmental claims to extend costs protection to include more statutory reviews—the amendment is to bring statutory reviews relating to national environmental law within the environmental cost protection regime. This will facilitate full compliance with Article 9(3) of the Aarhus Convention. This is a technical change to amend CPR 45.42(2)(a) which defines an Aarhus Convention Claim, so that the definition includes a Statutory Review which is within the scope of Article 9(3) of the Aarhus Convention, in addition to a Judicial Review within the scope of Article 9(3)

CPR 53—the Media and Communications List is a specialist list covering not only defamation but a wider range of new claims. The rule changes are intended to give new focus to this specialism and to modernize the listing arrangements in the High Court. The scope of the List can be described as cases involving one or more of the main media torts (defamation, misuse of private information and breach of duty under the Data Protection Act) and related or similar claims including malicious falsehood and harassment arising from publication or threatened publication by the print or broadcast media, online, on social media, or in speech. The current CPR 53 (Defamation Claims) will be replaced with a new Part 53 to provide for the Media and Communications List. There are also various consequential changes to the related Practice Directions

Practice directions

Amendments have been made to various practice directions.

CPR PD 2B and allocation of cases to levels of judiciary– District Judges’ Committal Powers effective from 01 October 2019: to remove a current inconsistency. Currently, the prohibition in paragraph 8.1, on allocating to a District Judge in the County Court, applications for orders and interim applications which may not be granted by a District Judge in the High Court, is inconsistent with changes previously made to CPR Parts 65 and 85 and Practice Direction 2B allowing for committal applications in the County Court to be dealt with by District Judges without the need for specific authorisation by a Designated Civil Judge. This amendment will, therefore, make it clear that the prohibition is subject to the remaining provisions of Practice Direction 2B

CPR PD 3E and costs management—provides clearer guidance on the cut-off between budgeted costs and incurred costs, drawing the line between costs incurred up to and including the date of the first costs management hearing (incurred costs) and costs to be incurred after that date (budgeted costs) 

Media & Communications List— as a consequence of the related rule change, explained above, there are a suite of changes necessary to establish the Media and Communications List, which was created in May 2017 but not reflected in the CPR. In addition to this amendment to Practice Direction 7A (How to start proceedings – the Claim Form), significant amendments are made to Practice Direction 40F (for which a new Practice Direction 40F is substituted), Part 53 (for which a new Part 53 is substituted), Practice Direction 53 (for which a new Practice Direction, renumbered as Practice Direction 53B, is substituted) and the Pre-Action Protocol for Defamation Cases (for which a new Pre-Action Protocol for Media and Communication Claims is substituted) and a new Practice Direction, numbered as Practice Direction 53A (Transferring proceedings to and from the Media and Communications List), is inserted

CPR PD 49A and applications under the Companies Acts and related legislation—relaxes the restriction on certain claims brought by the Takeover Panel (a statutory independent regulator) so that, instead of having to be started by a Part 7 claim form, they may be started by either a Part 7 claim form or a Part 8 claim, whichever is appropriate

Pre-action protocols

The Pre-Action Protocol for Media and Communications Claims comes into force.

This information was first made available on Lexis®PSL Dispute Resolution on 1 July 2019.  For a free trial click  here.

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About the author:

Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolutions lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.