Draft 92nd update to practice directions available

The Ministry of Justice has circulated a draft 92nd Update–Practice Direction Amendments Making Document. The changes include amendments to reflect the change from Mercantile court to the Circuit Commercial Court, the introduction of the Business and Property courts, the introduction of electronic bill of costs and amendments in July to the European Payment order procedure. Form PF 93 is also added.

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The Ministry of Justice has circulated a draft of the 92nd Update Making Document which makes amendments to practice directions in the civil procedure rules as well as the addition of a new practice direction to deal with the Business and Property Courts.

Copy of the draft 92nd Update Making Document.

When do the changes come into force?

The changes in the 92nd Update Making document comes into force on the date on which it is signed by the Minister.

The MOJ has confirmed that the draft can be circulated prior to the coming into force date to enable practitioners to see what changes will be implemented. The caveat is that the Minister may still require changes to be made change prior to the final sign off.

What are the changes?

The changes include amendments to the following:

  • CPR PD 2C—starting proceedings in the County Court: references to the Mercantile Court to be substituted with Circuit Commercial Court
  • CPR PD 4—Forms: references to the Mercantile Court to be substituted with Circuit Commercial Court and a new form PF 93: Application for permission to issue a writ of possession (rule 83.13) is added
  • CPR PD 5B – communication and filing of documents by e-mail: references to the Mercantile Court to be substituted with Circuit Commercial Court
  • CPR PD 7A—how to start proceedings—the claim form: changes relate to the introduction of the Business and Property courts
  • CPR PD 47—detailed assessment: changes relate to the introduction of electronic bill of costs which must be used for costs recoverable between the parties for work  undertaken after 6 April 2018. The practice direction therefore introduces a transition date. There are also minor changes from Legal Services Commission (LSC) to Legal Aid Agency (LAA)
  • CPR PD 51L—New bill of costs pilot scheme: is to be deleted
  • CPR PD 51N—Shorter and flexible trials pilot scheme: references to the Mercantile Court to be substituted with Circuit Commercial Court
  • CPR PD 51O—Electronic flexible trials pilot scheme: references to the Mercantile Court to be substituted with Circuit Commercial Court
  • CPR PD 52C—appeals to the Court of Appeal: minor changes from LSC to LAA
  • CPR PD 52D—statutory appeals and appeals subject to special provision: updates reference to Pensions legislation and Welsh legislation
  • CPR PD 59—Mercantile courts: references to the Mercantile Court to be substituted with Circuit Commercial Court. The courts in Mold and Chester to be deleted and there are changes to reflect the Circuit and Business and Property courts on the claim form
  • CPR PD 62—arbitration claims: references to the Mercantile Court and its list to be substituted with Circuit Commercial Court and its list
  • CPR PD 78—European procedures: consequential amendments to reflect changes to CPR 78 and the addition of a link to the amended European Small Claims Procedure regulation
  • European Competition Law Practice Direction: references to the Mercantile Court to be substituted with Circuit Commercial Court
  • New Practice Direction—Business and Property Courts: set out in the schedule to the 92nd Update Making Document

Other changes to the CPR and Practice Directions

For other recent changes, see Practice Note: CPR changes—August to October 2017 which provides information on the following:

UpdateIn force date
October 2017 CPR changes1 October 2017
Practice directions: 91st update31 August 2017
Practice directions: 90th update8 August 2017
Practice directions: 89th update8 August 2017

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Filed Under: CPR , CPR Updates

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