New and amended Practice Directions in force from 6 April 2015 (and later dates)

New and amended Practice Directions in force from 6 April 2015 (and later dates)

6april2015Following the significant changes to the Civil Procedure Rules that came into force on 6 April 2015, the Ministry of Justice has published a making document to accompany the 79th Update to the CPR which introduces new Practice Directions and makes amendments to existing Practice Directions.

For many practitioners, the most important development is the release of the new ‘Practice Direction—Pre-Action Conduct and Protocols’, which, according to the making document, came into force on 6 April 2015.

In brief summary, the changes concern:

Practice Direction—Pre-Action Conduct and Protocols

This new Practice Direction, which applies to disputes where no other pre-action protocol applies, came into force on 6 April 2015. The Practice Direction is contained in schedule 4 to the making document.

For more information on this development, LexisPSL Dispute Resolution subscribers can see: Amended practice direction on pre-action conduct likely in force 6 April 2015Note: the foregoing analysis was published prior to the making document discussed in this article and, therefore, may not reflect the contents of the final Practice Direction now in force. Click here for a free trial to access this content.

Practice Direction 52C—Appeals to the Court of Appeal

Amendments are made to this Practice Direction, specifically in relation to paragraphs 19 and 20 which deal with respondents actions when served with the appellant's notice and costs of a respondent's written statement. These changes came into force on 6 April 2015

Practice Direction 2B—Allocation of Cases to Levels of Judiciary

Anew version of this Practice Direction is contained in schedule 1 to the making document. It came into force on 6 April 2015

Practice Direction 6B—Service out of the Jurisdiction

Amendments relevant to trust claims are made to this Practice Direction. The changes came into force on 6 April 2015

Practice Direction 36B Supplementing Part 36

Practice Direction 36B concerned offers and payments made before 6 April 2007. This Practice Direction is to be removed from the CPR as from 6 April 2015

Practice Direction 51J—Electronic Working Pilot Scheme

This new Practice Direction, which is contained in schedule 2 to the making document, concerns an electronic working pilot scheme which will operate from 27 April 2015 in the Technology and Construction Court. The Practice Direction applies to existing claims and claims started on or after 27 April 2015. The Practice Direction is also in force from 27 April 2015

Practice Direction 51K—The County Court Legal Advisers Pilot Scheme

This new Practice Direction, which is contained in schedule 3 to the making document, concerns a pilot scheme pursuant to which a 'legal adviser' may exercise the jurisdiction of the County Court in specified respects and with necessary consents. The scheme will run for 12 months between 1 October 2015 and 30 September 2016. The Practice Direction will be in force from 1 October 2015

Practice Direction—Solicitors’ Negligence in Right to Buy Cases (Transfer of Existing and New Claims to the Chancery Division and Appointment of Designated Judge)

Small amendments are made to this Practice Direction. The changes came into force on 6 April 2015

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About the author:

Barry specialises in international arbitration and commercial litigation. He trained and practised at Jones Day before joining Pinsent Masons. At LexisNexis, Barry is Head of Arbitration and Head of the Lexis®PSL Dispute Resolution Group.

In practice, Barry’s work included commercial, aviation and technology arbitrations pursuant to international arbitral rules, involving UK and international clients. He also has a background in general commercial, civil fraud and IT litigation, including experience before the High Court. While in private practice, Barry worked with a broad range of clients from the private and public sectors.

At LexisNexis, when not focused on the strategic development and operational requirements of the Dispute Resolution Group, Barry’s content work focuses on the law and practice of international commercial arbitration and investment treaty arbitration. In addition to his work for Lexis®PSL, Barry contributes to the LexisNexis Dispute Resolution Blog and New Law Journal on litigation and arbitration matters