CPR changes—August and October 2020

CPR changes—August and October 2020

This blog post sets out the various upcoming Civil Procedure Rules (CPR) .  These are set out in the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 and, save for certain changes in relation to CPR 34 that relate to the UK’s exit from the EU, come into force on 23 August 2020 and on 1 October 2020. The rules amend the following parts of the CPR: CPR 3 (costs budgeting and variation), CPR 7 (Welsh judicial reviews), CPR 33 (false statements), CPR 34 (requests for evidence following the UK’s withdrawal from the EU), CPR 45 and CPR 61 (both minor amendments), CPR 73 (legal adviser unless order provisions), CPR 77 (tainted acquittals), CPR 81 and various consequential amendments (contempt of court), and CPR 30 and CPR 83 (possession proceedings). The SI also sets out transitional provisions in relation to CPR 81 and CPR 83.

The official version of the Civil Procedure (Amendment No 3) Rules 2020 is available here.

When do the changes come into force?

The amendments made to CPR by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 come into force as follows:

 •            changes to CPR 30.4 and certain changes to CPR 83—these come into force on 23 August 2020 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 1(3)

•            changes to CPR 34.16(2) and CPR 34.17—these come into force immediately after the amendments made to CPR 34 by the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 9(3) and (4)

•            the remainder of the changes—these come into force on 1 October 2020 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 1(1)

 CPR 3—costs budgeting and variation

The Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 4 amends CPR 3 to incorporate provisions that were previously contained in CPR PD 3E in relation to costs budgets, including in particular the circumstances in which costs budgets may be revised and varied.

 CPR 7—Welsh judicial review

Amendments to CPR 7 set out in the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 5 ensure that claims against Welsh public bodies that challenge the lawfulness of their decisions are issued and heard in Wales.

 CPR 30—transfer of enforcement of possession proceedings

The amendments set out in the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 6 make provision in relation to the transfer by the County Court to the High Court of proceedings for the enforcement of a judgment or order for possession of land.

 CPR 32—false statements

The Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 8 substitutes at CPR 32.14 a reformulated rule that sets out the consequences of making a false statement in a document that is supported by a statement of truth.

 CPR 34—failure to provide evidence and requests for evidence post Brexit

Two amendments to CPR 34 are set out in the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747:

•            a new CPR 34.7A to deal with a party that has failed to comply with an order under section 55 of the County Courts Act 1984 but can demonstrate that they should not be fined for such failure. This replaces former CPR 81.36

•            the procedure in relation to requests for evidence to be taken for use in a foreign court set out in CPR 34.17 is substituted in its entirety to make provision for where the requesting state is a party to the Hague Evidence Convention

CPR 45.18—Tables 6 and 6A

The words ‘but not more than £25,000’ (which might otherwise be taken to preclude the recovery of any fixed costs in Stage 3 proceedings for damages totaling more than £25,000) are removed from the headings to Tables 6 and 6A in CPR 45.18 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 10).

 CPR 61—appeals from the Admiralty Court to the Court of Appeal

These minor amendments insert a signpost to new CPR PD 52C, para 26A, which makes provision regarding assessors who assist the Court of Appeal in appeals from decisions of the Admiralty Court (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 11).

CPR 73—legal adviser unless order provisions

The Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 13 amends CPR 73.7 and CPR 73.10 to enable a legal adviser to make an order that, unless a judgment creditor files certain documents by a specified date, an application for a charging order is to be dismissed and the interim charging order discharged.

 CPR 77—tainted acquittals

The Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 14 amends the time limit in CPR 77 for making an application in relation to a ‘tainted acquittal’.

 CPR 81 and consequential amendments (CPR 31, CPR 34, CPR 70, CPR 83 and CPR 89)—contempt of court

The Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 15 substitutes CPR 81 for a new CPR Part 81 called ‘Applications and proceedings in relation to contempt of court’, that streamlines and simplifies the process for proceedings for contempt of court. The new part is set out in full in a schedule to the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747 and follows a consultation by the CPR Committee that ran from 9 March 2020 to 1 May 2020. (For further guidance, see Practice Note: Tracker—legislation and consultations—Dispute Resolution—Civil procedure, court and legal profession)

Transitional and saving provisions are set out in the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 2(1) whereby the current version of CPR 81 continues to have effect for the purposes CPR 83.2A but only in so far as CPR 83.2A provides for enforcement by means of a writ of sequestration in cases where no proceedings for contempt of court are brought.

Consequential amendments are made to the following provisions as a result of the new CPR Part 81:

 •            CPR 31.23 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 7)—this is essentially a cross referencing change

•            CPR 83.13 and CPR 83.14 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 16(2) and (3))—these are essentially cross referencing changes

•            CPR 89.16 and CPR 89.17 (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 17(1) and (2))—these have the effect of incorporating with modifications former rules

In addition the two new provisions are introduced:

 •            new CPR 34.7A (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 9(1) and (2))—this replaces former CPR 81.36 (Fines imposed under section 55 of the County Courts Act 1984 (CCA 1984))

•            new CPR 70.1A (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 12)—this replaces former CPR 81.37 and CPR 81.38 (Fines under the CCA 1984)

 CPR 83—writs and warrants of possession

CPR 83 is amended to make provision about writs and warrants of possession, including requiring a notice of eviction to be delivered before a writ or warrant of possession can be executed (the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 16(1)).

Transitional and saving provisions are set out in the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 2(2) that provide that no notice of eviction pursuant to CPR 83.8A (as inserted by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747, r 16(1)) may be delivered before 24 August 2020.

This information was first published on LexisPSL Dispute Resolution on 20 July 2020.

 

 

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About the author:

Tina specialises in general domestic and international litigation. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolution lawyers. Tina also maintains the LexisPSL appeals content.