Practice Direction updates for 1 October 2015

Practice Direction updates for 1 October 2015

The MOJ has circulated the 81st Update PD Document with Practice Directions amendments which, in the main, come into force on Thursday 1 October alongside the CPR rules changes which were the subject of our blog on 28 July 2015 – see 6 CPR Changes for October 2015.

The changes in summary are:

1. Changes have been made to Practice Direction 6 B to reflect the changes to the jurisdictional service gateways agreed by the CPR Committee, in their meeting of 12 June 2015.This involves:

a) New: gateway (4A): same or closely connected facts;

b) Expansion: gateway (9): tort claims;

c) Expansion: gateway (11): claims about property within the jurisdiction;

d) Expansion: gateway (13): administration of a person’s estate;

e) Expansion: gateway (15): constructive trusts;

f) New: gateway (17): restitution claims; and

g) New: gateway (21): claims for breach of confidence or misuse of private information.

2. Changes to Practice Direction 8 to deal with the new regulations: Proceedings under The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2015.

3.A new Practice Direction 8C is added to deal with Alternative Procedure for Statutory Review of Certain Planning Matters. This is set out in Schedule 1 in the 81st Update PD Making Document.

4.Amendments to Practice Direction 30 dealing with transfer of cases between the Competition Appeal Tribunal and the High Court. This includes amendments and completing new provisions dealing with the transfer from High Court to CAT.

5. Changes to Practice Direction 47 to reflect changes commencement of detailed assessment hearings and the hearing itself when a costs management order has been made. A breakdown of the costs claimed for each phase of the proceedings will now be required.  A new para 5.1A is also added dealing with a new costs precedent: Precedent Q which is the model form of breakdown of the costs claimed for each phase of the proceedings.

6. Changes to Practice Direction dealing with changes to existing pilot schemes and the introduction of new pilot schemes:

a) The County Court at Central London multi track pilot scheme in PD 51I has been extended for a further year to 29 September 2015;

b) New Bill of costs Pilot Scheme in PD 51L to commence on 1 October 2015 until 1 April 2016. This is voluntary;

c) New Financial Markets Test Case Scheme in PD 51M to commence on 1 October 2015 for 2 years. It will operate in the new Financial List in the Chancery Division and the Commercial Court; and

d) New Shorter and flexible trials pilot schemes in PD 51N to commence on 1 October 2015 for 2 years. It will operate in the Rolls Building courts – a term defined in the practice direction.

7. Changes to Practice Direction dealing with Appeals to the Court of Appeal to correct a reference error.

8. New Practice Direction 54E for Planning court claims - a new Practice Direction is to be substituted into the old wording.

9. New Practice Direction 63AA for the New Financial List.

10. New court forms for use in the New Financial List.

Full details of the changes are available:

Practice Direction Updates for 1 October 2015

Copy of Practice Direction 51L New Bill of Costs Pilot Excel version of precedent

Annex Precedent AA New Model Form of Costs

LexisPSL Dispute Resolution subscribers can access a more detailed review of the rule and practice direction changes here:  CPR changes—October 2015 (rules and PDs).

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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 Resolution 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.