October 2014 CPR updates

October 2014 CPR updates

Although it seems like April was just yesterday, the October 2014 CPR changes are just around the corner. The new provisions come into force on 1 October 2014 and are outlined in the Civil Procedure (Amendment No 6) Rules 2014, SI 2014/2044, and the 75th Update—Practice Direction Amendments. These amendments come hot on the heels of the 74th Update which came into force on 30 July. It provided for a new practice direction 2C to deal with starting proceedings in the County Court*.

Note: we do not address the amendments relating to personal injury 'soft tissue injury claims' (ie whiplash claims) in this post - these can be found here.

Appeals

Various amendments have been made to Part 52 and the relevant Practice Directions governing appeals. These include:

  • a new CPR 52.5A, providing for transcripts at public expense for the purpose of appeals for parties in financial need, and corresponding amendments to CPR PD 52B and CPR PD 52C (see SI 2014/2044, rule 8 and the 75th Update—Practice Direction Amendments). The CPR Committee discussed whether such transcripts should be only provided to parties qualifying for fee remission and decided against that limitation.**
  • new and amended provisions relating to judicial review appeals from the High Court and the Upper Tribunal to the Court of Appeal (see SI 2014/2044, rule 8 and the 75th Update—Practice Direction Amendments). These include:
    • amendments to CPR 52.15 (judicial review appeals from the High Court), clarifying the limited time within which such an application for permission to appeal must be made to the Court of Appeal. The amendments also provide that the Court of Appeal may grant permission to apply for judicial review, instead of granting permission to appeal the High Court's refusal to grant such permission
    • a new CPR 52.15A (judicial review appeals from the Upper Tribunal) providing that an application for permission to appeal a refusal by the Upper Tribunal to grant permission to bring judicial review proceedings may be brought to the Court of Appeal
  • amendments to CPR 52.3(4) (permission to appeal where the appeal court refuses permission) to substitute it with a more general form of wording, given that there are a number of exceptions to the rule (see SI 2014/2044, rule 8 and the 75th Update—Practice Direction Amendments)

County Court at Central London multi-track pilot scheme

The 75th Update provides for the insertion of a new Practice Direction 51I, dealing with a new pilot scheme in the County Court. This pilot scheme applies in respect of money claims issued at the County Court Business Centre (CCBC) and the County Court Money Claims Centre (CCMCC). Under the pilot scheme, certain money claims started in the CCBC and the CCMCC will be sent to the County Court at Central London. The scheme runs from 1 October 2014 until 30 September 2015.

Enforcement

CPR 83.6 (levying execution on certain days) has been amended. Rule 83.6(1)(c) used to deal with 'any other writs or warrants that confer a power to use the TCG procedure’. This provision has been deleted and replaced by CPR 83.6(2). The effect of this new provision is that CPR 83.6 will apply to those parts of a writ/warrant that do not confer the power to use the Taking Control of Goods procedure, even where other parts of the writ/warrant confer such a power (SI 2014/2044, rule 13).

Other amendments/miscellaneous

  • a new Practice Direction 2D has been inserted which provides for a change in terminology. Previously, the CPR have provided that the court 'will' do an action. From and including 1 October 2014, the CPR will provide instead that the court 'must' do the action. The purpose of this change is to clarify when there is an obligation on the court (see 75th Update—Practice Direction Amendments).

Note: the change will only apply to new and amended provisions and there will not be a wholesale change throughout the CPR.***

  • Practice Direction 5C, on the electronic working scheme, has been deleted because this scheme is no longer operative (see 75th Update—Practice Direction Amendments)
  • CPR 30.5: amended so that an order for transfer of proceedings between the Chancery Division and a Queen's Bench Division specialist list may only be made with the consent of the Chancellor of the High Court (SI 2014/2044, rule 4)
  • CPR 83.9(1): amended to include Chancery Chambers in the definition of 'appropriate office' (SI 2014/2044, rule 13)
  • CPR 81.15(1): amended so that the provisions of CPR 81.15 (certifications of conduct, and applications under the Charities Act 2011, to the High Court) apply to 'bodies' as well as a 'court, tribunal or person' (SI 2014/2044, rule 12)
  • Practice Direction 67, on proceedings relating to solicitors, has been amended to substitute a new para 2.2A, dealing with applications for order of assessment of a solicitor's bill (see 75th Update—Practice Direction Amendments)
  • CPR 45.29F(9): amended to correct a typo (SI 2014/2044, rule 7)
  • CPR 54.21(2)(a)(ix): amended to correct an omission (re Planning Court) (SI 2014/2044, rule 9)
  • CPR 52.9(3): amended to make the wording gender neutral (SI 2014/2044, rule 8)

*Subscribers to LexisPSL Dispute Resolution can find further information here.

**Subscribers can find further information here: Minutes of the CPR Committee meeting of 7 March 2014

***For an understanding of the background to this change, Subscribers can access document CPR(14)25 entitled 'The usage of will in the CPR' which can be found in Practice Note: Minutes of the CPR Committee meeting of 2 May 2014 and document CPR(14)46 entitled 'Usage of will and must' and the draft minutes of the CPR Committee meeting for 4 July which can be found in Practice Note: Minutes of the CPR Committee meeting of 4 July 2014

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