CPR Update: October 2013

CPR Update: October 2013

Another round of changes to CPR provisions is on the horizon as they are coming into force on Tuesday 1 October 2013. These changes are set out in SI 2013/1974 The Civil Procedure (Amendment No 7) rules 2013.

Patents County Court abolished

The main impact will be felt by those involved in intellectual property cases with new provisions in Part 45 and Part 63 to address the fact that the Patents County Court has been abolished and a new specialist list in the Chancery Division created to be known as the ‘Intellectual Property Enterprise Court’; this follows the model of the London Mercantile Court. The jurisdiction of this court will not just deal with patent cases but all forms of intellectual property claims.  For those involved in proceedings in the Patents County Court rule 30 in the SI sets out transitional and savings provisions

References to European Court replaced

The other major change, but one which will perhaps rarely be used, is the replacement of the current Part 68 dealing with references to the European Court which is being replaced in its entirety. This change reflects recent changes to the EU Treaties, the new European Court Procedure Rules and updated guidance from the European Court to national courts entitled: 'Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings courts and tribunals in relation to the initiation of preliminary ruling proceedings'.

Other changes including regarding provisional assessment of costs

Other changes coming into force are:

  • Amendments to CPR 47.15(5) dealing with provisional assessment of costs so as to clarify what costs may be awarded
  • consequential amendments arising from the introduction of new rules
    • CPR 3.1(2)--as a consequence of the introduction of costs budgets
    • CPR 7.2, CPR 8.2, CPR 8.3, CPR 15.6 and CPR 16.2--as a consequence of reforms to funding arrangements
    • CPR 15.8, CPR 63.8(1) and CPR 62.7(1)--as a consequence of the introduction of directions questionnaires
    • CPR 29.8 and CPR 63.8(2)--as a consequence of changes in relation to timetabling and the steps following allocation to multi-track
    • CPR 3.7, CPR 3.7B, CPR 21.1, CPR 25.14, CPR 28.2, CPR 36.1, CPR 36.10, CPR 36.14(6) (in the signpost to that rule), CPR 38.6, CPR 38.8, CPR 39.4, CPR 40.18, CPR 44.9, CPR 52.1, CPR 55.9, CPR 63.26, CPR 67.1, CPR 67.3 and RSC Order 17 rule 8--to update cross-references
  • minor amendments:
    • CPR 21.12--to correct an incorrect cross-reference
    • CPR  31.5--to correct an incorrect heading
    • CPR 36.14(2)(a) and CPR 46.6(4)--to make them gender neutral
    • CPR 45.18(6) and CPR 45.31(5)--to take out duplicate definitions
    • CPR 45.29E, CPR 45.29H(3), CPR 45.38(3)(a)(ii) and CPR 46.7(1)(a)--to correct typographical errors;
    • CPR 42.2--to remove the redundant words in the second set of parentheses after paragraph (6)

Will you be affected by the abolition of the Patents County Court and, if so, what is your view on having a new specialist list?

Provisional assessment was a new procedure implemented in April 2013 as part of the new costs reforms.  Have you been involved in any provisional assessments?  If so, what were your views on the process and did it save time and costs as were Jackson’s intentions?  Please share your views with us below.

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About the author:

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 Resolutions 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.