104th practice direction update—various

The Ministry of Justice has signed the 104th update—practice direction amendments which makes amendments to various practice directions. The amendments come into force on various dates between 18 February 2019 (the date after the making document was signed) through to 25 April 2019. They include two new practice directions (Requests for the Appointment of an Advocate to the Court as well as a new pilot scheme for summary assessment of costs)

The amendments are set out below together with the date that they come into force.

The making document is available here:

Making document: 104th update—practice direction amendments

Practice direction Subject Changes Date the changes come into force
CPR PD 2C Court Closures Amendments are made to reflect recent closures of the following courts:
—Chichester District Registry and County Court hearing centre on 28 December 2018, and
—Chippenham and Trowbridge County Court hearing centre on 26 October 2018.
18 February 2019
CPR PD 3E Budget discussion report—Precedent R Amendments make adjustments to Precedent R. These are set out in Annex C of the Making document. 25 April 2019
Practice Direction 3G Requests for the Appointment of an Advocate to the Court This is a new practice direction and is set out in Schedule 1 of the making document.
The provisions in the new practice direction are taken from a memorandum agreed between the Attorney General and the Lord Chief Justice dated 19 December 2001. They give guidance about making a request for the appointment of an Advocate to the Court (formerly called an ‘amicus curiae’).
6 April 2019
CPR PD 21 Children and protected parties Changes are made to insert a new para 4A after subsection (4) in para 11.2:
‘(4A) a copy bill or informal breakdown in the form of a schedule of the solicitor and own client base costs incurred;’
Note: There is no sub section (4) and we have raised this with the MOJ for clarification. The MOJ have now confirmed this was an error which they will change. The changes should therefore be inserted after para 11.3(4)
6 April 2019
CPR PD 32 Evidence New paras CPR 32, paras 27.3–27.14 set out provisions dealing with trial bundles.
Note the making document references two paragraphs numbered 27.5. The MOJ has confirmed that the second one should be renumbered as 27.6 and all subsequent paragraphs should be renumbered accordingly.
6 April 2019
CPR PD 39A Miscellaneous provisions relating to hearings This practice direction is to be deleted. 6 April 2019
CPR PD 39B Court sittings This practice direction is being renamed as Practice Direction 2F—court sittings and it will move to underneath CPR PD 2E.
In addition, other changes are made to the practice direction.
6 April 2019
Practice direction 51N Shorter and Flexible Trials Pilot This practice direction has been deleted.
This formally removes the pilot scheme which ended on 30 September 2018. The pilot scheme was superseded by CPR 57AB.
18 February 2019
CPR PD 51X New pilot scheme—Statement of costs for summary assessment A new practice direction will come into force for a two-year voluntary pilot for costs for summary assessment. This will include new court forms N260A and N260B.
The new pilot scheme is set out in Schedule 2 of the making document.
1 April 2019
CPR PD 61 Admiralty claims Extensive changes are made to this practice direction. 6 April 2019
Practice direction Practice Direction Relating to the use of the Welsh Language in cases in the Civil Courts in or having a connection with Wales Amendments standardise terminology by replacing ‘Allocations Questionnaire’ with the term ‘Directions Questionnaire. 18 February 2019

 


 

Relevant Articles
Area of Interest