CPR changes—October 2016

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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:

  • CPR 52 (appeals)—substitution of existing CPR 52 with a new Part 52 contained in Schedule 1 of SI 2016/788
  • CPR 26.2A—transfer of money claims within the County Court, introducing a new CPR 26.2A(5A)
  • CPR 2.4(a)—amendment to include reference to Registrars in Bankruptcy

In our News Analysis: Appeals to the Court of Appeal—stemming the flow we set out the anticipated changes to CPR 52 covering:

  • raising the threshold for permission to appeal (PTA) to the Court of Appeal
  • removing the automatic right for oral renewal of PTA applications
  • re-routing appeals that would usually be sent to the Court of Appeal to the High Court
  • the use of a two judge courts (as opposed to three judges) unless the case is of wide public interest, raises an important point of principle or practice or is a real difficulty or complexity

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.

Substitution of a new Part 52 governing appeals

The new Part 52 which will come into force on 3 October 2016 comprises seven sections:

  • section I—scope and interpretation
  • section II—permission to appeal—general
  • section III—permission to appeal—judicial review appeals, planning statutory review appeals and appeals from the Employment Appeal Tribunal
  • section IV—additional rules (covering, eg, appellant's and respondent's notices, amendments to the same, stays, striking out appeal notices, orders to limit recoverable costs of appeals, appeal court powers, appeal hearings and non-disclosure of Part 36 offers and payments
  • section V—special provisions relating to the Court of Appeal (assignment of appeals to the Court of Appeal and who may exercise the powers of the Court of Appeal)
  • section VI—special provisions relating to statutory appeals
  • section VII—reopening final appeals

The SI also sets out the transitional provisions where:

  • an appellant's notice has been issued before 3 October 2016
  • a request was made under CPR 52.16 (who may exercise the powers of the Court of Appeal) before 3 October 2016

CPR amendments consequential on the new Part 52

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:

  • CPR 40—judgments and orders
  • CPR 45—fixed costs
  • CPR 47—detailed assessment
  • CPR 54—judicial review and statutory review
  • CPR 63—intellectual property claims
  • CPR 76—proceedings under the Prevention of Terrorism Act 2005
  • CPR 80—proceedings under the Terrorism Prevention and Investigation Measures Act 2011
  • CPR 88—proceedings under the Counter-Terrorism and Security Act 2015

Changes to CPR 26.2A

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).

Amendment to CPR 2.4(a)—registrars in bankruptcy

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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