CPR changes from 1 October: 4 pilot schemes and a new financial list

CPR changes from 1 October: 4 pilot schemes and a new financial list

1 octoberA raft of changes are due to come into place on Thursday 1 October, as set out in the Civil Procedure (Amendments No. 4) Rules 2015, SI 2015/1569 (L20) as well as the 81st Update PD Making Document which includes 4 pilot schemes and a new financial list.

1. The County Court at Central London multi track pilot scheme—CPR PD 51I

CPR PD 51I is amended to extend the length of the pilot scheme for a further year to 30 September 2016.

2. New Bill of costs Pilot Scheme—CPR PD 51L

A new pilot scheme is set out in Schedule 2 to the 81st PD Making Document. This will be in operation from 1 October 2015 to the 1 April 2016 and will apply to detailed assessment proceedings in the SCCO where notice of commencement is served on or after 1 October 2015. If the party commencing the detailed assessment uses the New Bill of Costs then the detailed assessment proceedings will be treated as being under the pilot scheme and the provisions in this practice direction will apply. It is therefore voluntary as the commencement could use the old bill of Costs.

While CPR PD 51L provides an end date of 1 April 2016, Alexander Hutton QC at the ACL conference last week suggested that mandatory use of the new bill of costs might be delayed until the end of the next year and so there is a possibility that the pilot scheme be extended through to October 2016. That said, at the Costs Law & Practice Conference this week if is suggested that if you are seeking a detailed assessment the listing time is currently November 2017 and so it is likely to be mandatory to use the new Bill of costs by then.

The new model form Bill of costs is available: Annex Precedent AA New model form of costs [PDF]

The spreadsheet for the New Bill of Costs is available: Copy of Practice Direction 51L New Bill of Costs Pilot Excel version of precedent.xlsx (currently available to LexisPSL Subscribers only - we will update this asap).

3 & 4. Rolls Building Courts shorter and flexible trials pilot schemes—CPR PD 51N

See our post New pilot schemes for Rolls Building claims issued on or after 1 October 2015

New Financial List—new CPR 63A, PD 63AA and court forms

New CPR 63A

CPR 63A has been introduced to provide rules and a practice direction for the new specialist list called the Financial List. This will handle the more complex and important financial markets cases. For detailed information, see: Green light for Financial List and Practice Note: The Financial List—starting and transferring claims.

New CPR PD 63AA

A new Practice Direction is to be added. This is set out in Schedule 6 of the 81st Update PD Making Document.

New court forms

New forms will be available for use in the Financial List and they will be available in LexisPSL Dispute Resolution. The new forms are:

  • N1(CCFL)—Claim form (Part 7 Commercial Court Financial List)
  • N1(CHFL)—Claim form (Part 7, Chancery Division Financial List)
  • N1C(CCCHFL) Notes for the defendant replying to a Part 7 claim form Financial List)
  • N9(CCFL) Acknowledgment of service (Part 7, Commercial Court Financial)
  • N9(CHFL) Acknowledgment of service (Part 7 Chancery Division Financial List)
  • N208(CCFL) Claim form (Part 8, Commercial Court Financial List)
  • N208(CHFL) Claim form (Part 8, Chancery Division Financial List)
  • N210(CCFL) Acknowledgment of service (Part 8 Commercial Court Financial List)
  • N210(CHFL) Acknowledgment of service (Part 8, Chancery Division Financial List)
  • N211(CCFL) Claim form (Part 20, Commercial Court Financial List)
  • N211(CHFL) Claim form (Part 20, Chancery Division Financial List)
  • N213(CCFL) Acknowledgment of service (Part 20, Commercial Court Financial List)
  • N213(CHFL) Acknowledgment of service (Part 20, Chancery Division Financial List)
  • N244(CCFL) Application Notice (Commercial Court Financial List)
  • N244(CHFL) Application Notice (Chancery Division Financial List)
  • N265(CCFL) Standard Disclosure (Commercial Court Financial List)
  • N265(CHFL) Standard Disclosure (Chancery Division Financial List)

Further information & guidance

For guidance on the County Court at Central London multi track pilot scheme, LexisPSL Dispute Resolution subscribers can see Practice Note: County Court money claims—early stages progress up to allocation—The County Court at Central London multi-track pilot scheme—Practice Directions 51I.

For detailed information on the bill of costs pilot scheme, LexisPSL Dispute Resolution subscribers can see Practice Note: New Bill of Costs pilot scheme.

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