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The CPR/Practice Direction changes mainly come into force on Wednesday 6 April 2016. However note the following in force dates:
Changes are being introduced to CPR 3. In summary, there are changes to Precedent H itself and the time for filing, the introduction of budget discussion reports, additions dealing with hourly rates in relation to costs management orders changes where
a claimant has a limited or short life expectancy.
Note the changes only apply to proceedings commenced on or after 6 April 2016.
For detailed information on the changes, see Practice Note: Costs management and costs budgeting rules—review and future changes.
CPR PD 7C (production centre) and CPR PD 7E (money claims online) are amended in relation to the paragraphs dealing with enforcement so as to delete reference to charging orders Part 73 and attachment of earnings orders under CCR Order 27 in relation
to the enforcement provisions.
CPR PD 8A is amended to address issues arising in relation to the Recall of MPS Act 2015 and National Assembly for Wales (Representation of the People) Order 2007, SI 2007/236.
CPR PD 12 is amended to reflect the coming into force of the Hague Convention on the Choice of Court Agreements last year.
For details of the convention, see Practice Note: Hague Convention on choice of court agreements.
Practice Direction 36A is redesignated as Practice Direction 36.
CPR PD 37, para 3.4 is amended in the section dealing with payment out of court to delete the following wording:
'Paragraph 3.6 of Practice Direction 36B provides that a defendant who made a Part 36 payment before 6th April 2007, and whose Part 36 offer underlying the payment is accepted without requiring the permission of the court, is not required to file form
CPR PD 47, para 5.8 is amended to (1) require the costs in the bill of costs to be distinguishable between costs incurred prior to 1 April and costs incurred after that date and (2) address assessment where a costs management order has been made:
'Where a costs management order has been made, the costs are to be assessed on the standard basis and the receiving party’s budget has been agreed by the paying party or approved by the court, the bill must be divided into separate parts so as to distinguish between the costs claimed for each phase of the last approved or agreed budget, and within each such part the bill must distinguish between the costs shown as incurred in the last agreed or approved budget and the costs shown as estimated.
Where a costs management order has been made and the receiving party’s budget has been agreed by the paying party or approved by the court, (a) the costs of initially completing Precedent H and (b) the other costs of the budgeting and costs management process must be set out in separate parts.'
The pilot scheme for the New Bill of Costs will be extended to 30 September 2016 (CPR PD 51L).
The mandatory use of the new Bill of Costs and the underlying J-codes has been postponed for the time being pending a survey by the Law Society of its members, after which the MoJ will make a decision as to the way forward (December 2015 minutes). For
detailed information, see News Analysis: Mandatory use of the New Bill of Costs—postponed and Practice Note: New Bill of Costs and J-Codes.
A new pilot scheme for express insolvency trials in the Bankruptcy and Companies Court is to be introduced. This will be addressed in Lexis PSL® Restructuring & Insolvency.
CPR PD 52C is amended with additional provisions added after para 32 to enable skeleton arguments to be provided to court reporters at the hearing of an appeal.
For background information, this change was discussed in the CPR Committee October 2015 minutes.
CPR PD 52D is amended to deal with appeals to the High Court in Wales with a new para 27A.
Note the changes to only apply to proceedings commenced on or after 6 April 2016.
The entire section in CPR 73 dealing with charging orders is replaced—the replacement text is in Sch 1 to the SI.
The is a new Part 89 which deals with attachment of earnings—the replacement text is in Sch 2 to the SI.
There are changes to CPR PD 70 (enforcement of judgments and orders) and CPR PD 73 (charging orders) which deal with transfer following objections to an application for a charging order as well as discharge or variation of an order and a new CPR PD 73,
para 4.1A to deal with enforcement of a charging order and the legislation specific to the County Court's jurisdiction.
There are consequential amendments to Part 45 (fixed costs) and Part 66 (Crown Proceedings), Part 75 (Traffic enforcement)
The CPR Committee agreed to publish and circulate a flowchart in advance of the publication of the rules themselves on charging orders, to assist users in preparing for the changes but we have not seen sight of this.
CPR PD 74A is amended to reflect the coming into force of the Hague Convention on Choice of Court Agreements 2005 between the EU (except Denmark) and Mexico last year on 1 October 2015.
For detailed information on the convention, see Practice Note: Hague Convention on choice of court agreements.
There are changes to an extremely large number of court forms. The list of forms which have been updated is attached to the Making Document.
Unsigned 83rd SI—February/April 2016
Making Document (Practice Direction)—April 2016
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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 Resolution 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.
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