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The Civil Procedure (Amendment No.3) Rules 2016, SI 2016/788 have been released setting out the CPR changes that will come into force on 3 October 2016. The main change is the replacement of existing CPR 52 (appeals) with a new Part 52 and consequential changes to other parts of the CPR and transitional provisions. There are also minor amendments to CPR 26.2A (transfer of money claims within the County Court) and to CPR 2.4(a) to correct a long-standing error regarding the powers of Registrars in Bankruptcy in relation to acts under the CPR.
The CPR changes coming into force on 3 October 2016 are contained in The Civil Procedure (Amendment No.3) Rules 2016, SI 2016/788, which can be accessed here.
The changes covers:
In our News Analysis: Appeals to the Court of Appeal—stemming the flow we set out the anticipated changes to CPR 52 covering:
The below identifies the sections of the new Part 52 and the consequential changes to other parts of the CPR. Further detailed analysis of the new provisions will follow in due course, as will amendment of our content to reflect the forthcoming changes.
As yet no amendment to the relevant Practice Directions has been circulated, however, it is anticipated that a Practice Direction Making Document will be issued in due course setting out the necessary amendments.
The new Part 52 which will come into force on 3 October 2016 comprises seven sections:
The SI also sets out the transitional provisions where:
As a result of the substitution of CPR 52 with a new Part 52, the CPR changes coming into force on 3 October 2016 also make consequential changes to the following CPR provisions:
With effect from 3 October 2016 changes are made to CPR 26.2A, regarding the transfer of money claims within the County Court, introducing a new sub-para (5A).
CPR 2.4(a) is amended as from 3 October 2016 to include Registrars in Bankruptcy within the identification of those who may perform acts provided for in the CPR. This corrects a long-standing omission and provides clarity. See Practice Note: CPR Committee open meeting 17 June 2016 — Changes to CPR 2.4.
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