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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.
Various amendments have been made to Part 52 and the relevant Practice Directions governing appeals. These include:
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.
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).
Note: the change will only apply to new and amended provisions and there will not be a wholesale change throughout the CPR.***
*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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