CPR Changes and Practice Direction amendments: what comes into force on 7 May 2018?

The Ministry of Justice has circulated The Civil Procedure (Amendment No 2) Rules 2018, SI 2018/479 which makes changes to Part 2, Part 36 and Part 45 of the Civil Procedure Rules (CPR). The changes to Part 2 provide that a legal adviser, as defined in CPR PD 3E, may exercise the jurisdiction in the County Court addressed in that practice direction. The amendments to Part 45 are to apply fixed recoverable costs to claims in which the Pre-action Protocol for Resolution of Package Travel Claims applies. The changes to Part 36 are consequential to the changes to Part 45.

Part 2 changes:

CPR 2 is amended to give effect to a new practice direction 2E dealing with the Jurisdiction of the County Court that may be exercised by a legal adviser. It does this through the introduction of a new paragraph which provides:

‘2.4A. A legal adviser, defined in paragraph 1.2(b) of Practice Direction 2E, may exercise the jurisdiction of the County Court specified in, and subject to, that Practice Direction.’

Part 45 changes

CPR 45 is amended to apply some of the fixed recoverable costs applicable to public liability claims started under the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (the EL/PL Protocol) to claims to which the new Pre-Action Protocol for Resolution of Package Travel Claims applies. It does this through the addition of the new pre-action protocol after references to Pre-Action protocols and references to the EL/PL protocol in various headings and paragraphs within CPR 45. In addition there are the following rule changes:

Rule 45.29A(1) currently states:

‘(1) Subject to paragraph (3), this section applies where a claim is started under—

(a) the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents(“the RTA Protocol”); or

(b) the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims (“the EL/PL Protocol”),

but no longer continues under the relevant Protocol or the Stage 3 Procedure in Practice Direction 8B.

(2) This section does not apply to a disease claim which is started under the EL/PL Protocol.

(3) Nothing in this section shall prevent the court making an order under rule 45.24.’

Rule 45.29A(1) will be substituted with the following:

‘(1) Subject to paragraph (3), this section applies—

(a) to a claim started under—

(i) the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (‘the RTA Protocol’); or

(ii) the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims (‘the EL/PL Protocol’),

where such a claim no longer continues under the relevant Protocol or the Stage 3

Procedure in Practice Direction 8B; and

(b) to a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies.’

Rule 45.29H(1) currently states:

‘Where the court makes an order for costs of an interim application to be paid by one party in a case to which this Section applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6 or 6A.’

The following is to be inserted after that:

‘(1A) Where the order for costs is maFde in a claim to which the Pre-Action Protocol for Resolution of Package Travel Claims applies, the order shall be for a sum equivalent to one half of the applicable Type A and Type B costs in Table 6A; and’

Part 36 changes

Part 36 sees changes to the following rules:

Rule 36.20(1) currently reads:

‘This rule applies where a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1).’

Rule 36.20(1) is substituted to read :

‘This rule applies where—

(a) a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1); or

(b) the claim is one to which the Action Protocol for Resolution of Package Travel Claims applies; and’

Rule 36.21(1) reads:

‘Where a claim no longer continues under the RTA or EL/PL Protocol pursuant to rule 45.29A(1), rule 36.17 applies with the following modifications.’

Rule 36.21(1) is substituted to read:

‘(1) Where—

(a) a claim no longer continues under the RTA or EL/PL protocol pursuant to rule 45.29A(1); or

(b) the claim is one to which the Pre-Action Protocol for Resolution of Package Travel Claims applies,

CPR 36.17 applies with the following modifications:

; and

(ii) in paragraph (3), after “Subject to paragraphs (4) and (5), where” insert “in a claim to which paragraph (1)(a) applies.’

Practice Direction amendments in force on 7 May 2018

The Ministry of Justice on Monday 16 April 2018, circulated the 97th Update Practice Direction Making document. This document introduces a new practice direction: Practice Direction 2E–Jurisdiction of the County Court which sets out the jurisdiction that may be exercised by a legal adviser. Practice Direction 51Q, the precursor pilot scheme is deleted. The changes come into force on Monday 7 May 2018.

The practice direction changes in May 2018 are limited to dealing with the introduction of legal advisers who are authorised to exercise delegated functions in the County Court. The new Practice Direction 2E–Jurisdiction of the County Court enables the legal advisers, all of whom are qualified solicitors and barristers, to undertake non-contentious judicial work within the County Court, essentially ‘box work’, while being supervised and guided by judges. The purpose is to lessen the work load on judges, leaving them more time to deal with substantive matters or more complex case management issues. The new practice direction 2E is attached as a schedule to the 97th Update Practice Direction Making document which is provided in the Recommended reading link on the right hand side of the screen.

The use of legal advisers was tested by the use of a pilot scheme set out in practice direction 51Q. This practice direction will be deleted as of 7 May 2018.

 

Further Reading:

97 Update Practice Direction Making Document May 2018

Civil Procedure (Amendment No 2) Rules 2018 (May 2018)

Pre-Action Protocol for Holiday Package Schemes

 

 

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