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PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Answers to the questions raised were given by the following: • Mr Justice Coulson—The Deputy Head of Civil Justice • Mr Justice Birss—Senior Court Judge • Mr Justice Kerr—Senior Court Judge • District Judge Hovington—Northern Circuit • District Judge Lethem—South Eastern Circuit • Mr John Dagnall—Barrister at Maitland Chambers A copy of the Questions and Answers subsequently approved by the CPR Committee (CPRC) can also be found here: CPR Committee agenda Question Answer How do the secretariat and the chair determine the agenda of the CPRC and the topics upon which it consults? Answer given by Mr Justice CoulsonThe bulk of the work (approximately 60–70%) is driven by legislation and proposals
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Agreed minutes The agreed minutes of this meeting provided by the CPR Committee are available here: Costs budgeting Following the publication of the new Precedent H in April 2016, a number of queries had been raised. District Judge Lethem undertook detailed work to consider those and concluded that they were all technical rather than any principles of substance. Consequently there are no amendments to Precedent H for consideration by the CPR Committee. Note: there are due to be minor amendments, see Practice Note: Further revisions to Precedent H on the way. Allocation questionnaires District Judge Hovington noted that in court the old Form N149—Allocation questionnaire is still being used. It was confirmed
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Answers, to the questions raised, were given by the following: • Lord Justice Briggs—The Deputy Head of Civil Justice • Mr Justice Birss—Senior Court Judge • Master Roberts—Senior Court Master • Mr Edward Pepperall—Barrister at St Phillips Chambers who chaired the sub-committee for the Part 36 reforms • Kate Wellington—Solicitor who is chairing the sub-committee for the Debt pre-action protocol Pre-action procedure for applying for interim payments Question Answer Interim payments are required to address issues of, inter alia, rehabilitation and while the Rehabilitation Code provides for cooperation between the parties and a process to be followed, the parties cannot always agree. An outcome of non-agreement under current rules is to issue
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Introduction It considers the business of the CPR Committee (CPRC) meeting on 10 May 2019 that is relevant for general dispute resolution practitioners. The meeting took place in front of a number of interested members of the public who had applied to attend to view the proceedings. The business covered a wide range of subjects, including the County Court Legal Adviser Pilot—Final Charging Orders CPR PD51T, witness evidence by non-English speakers, the new lacuna sub-committee, online civil money claims, the report ‘Understanding Courts’ by JUSTICE, the disclosure pilot scheme under CPR PD 51U, forms in the Business and Property Courts, enforcement, litigants in person, expert evidence in interim applications, public hearings, statements of truth and statements of case, digital case management systems and general court reform. This Practice Note sets out a summary of the conclusions of the CPRC open meeting, as well as the question and answer session which considered questions submitted in advance by members of the public, as far as it
Q&As
CPR PD 51U sets out the new Disclosure Pilot that applies to certain claims issued in the Business and Property Courts of England and Wales. At CPR PD 51U, para 1, it is noted that the new scheme arises due to concerns that the Civil Procedure Rules had failed to introduce a more proportionate, economical and efficient approach to disclosure. CPR PD 51U provides for two stages to disclosure: initial disclosure and extended disclosure. Initial disclosure, as the name would suggest, occurs at the outset of the claim at the same time as filing and serving the particulars of claim. Extended disclosure can be obtained either in addition to or in place of initial disclosure. Orders for extended disclosure will commonly arise at the first case management conference in a claim and
Q&As
Phase one—initial preparation Within one to two weeks: 1 Brief client on disclosure details and the client's disclosure duties under CPR PD 57AD, para 3.1 (see below). Legal practitioners to re-familiarise themselves with their disclosure duties under CPR PD 57AD, para 3.2 (see below). 2 Liaise and co-operate with the legal representatives of the other parties to the proceedings (or the other parties where they do not have legal representatives) so as to promote reliable, efficient and cost-effective conduct of disclosure, including through the use of technology (CPR PD 57AD, para 3.2(3): this is a disclosure duty that legal representatives are under to the court). 3 Assemble team (including external experts and eDisclosure technology service provider). 4 Designate responsibilities (eg initial data collection, translations, first level review (1LR), second level review (2LR), privilege review, key document review, redaction review, production, quality control teams for each review stream, etc). 5 Create roadmap adhering to timescales/deadlines in line with PD57AD (please see timeline flowchart following this Q&A). 6 Confirm
Q&As
This Q&A assumes that you are dealing with a claim that you have determined ‘must’ brought in the Chancery Division consistent with Chancery Guide, para 1.10. Time stops running for limitation purposes when the claim is 'brought'. It is important to be aware that, for the purposes of the limitation, the claim is ‘brought’ on the date that the claim form, together with the court fee, is ‘received in the court office’ for the purposes of issuing it and not the issue of the claim form itself, which is the start of the proceedings
PRACTICE NOTES
This Practice Note explains what a Part 8 (CPR 8) claim is and when it can be used. It also explains which CPR rules do not apply when dealing with a Part 8 claim. The Practice Note sets out how to start a Part 8 claim, including practical tips on completing a Part 8 claim form and service of the Part 8 claim form. It also covers considerations in relation to case management and costs management, information on obtaining extensions of time for serving the claim form and the evidence, and the ability to bring CPR 20 claims. It also deals with responding to a Part 8 claim, including objecting to the use of the Part 8 procedure, filing evidence, applying for summary judgment in a Part 8 claim and transfer of Part 8 claims to Part 7 (CPR 7). This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful
CHECKLISTS
This Checklist contains a list of the procedural steps that need to be taken in a Part 8 (CPR 8) claim from issue of the claim form, highlighting where these differ to the Part 7 (CPR 7) procedure. It states when the acknowledgment of service and supporting evidence need to be filed. This Checklist should be read in conjunction with Practice Note: CPR Part 8 claims (alternative procedure for claims). For information on commencing a costs-only claim under Part 8, see Practice Note: Costs-only proceedings (Part 8). Procedure in Part 8 claims When Action Relevant provision Further guidance Claimant issues and serves claim form. At the same time claimant must file and serve (on the defendant) any written evidence on which they intend to rely (subject to any extension of time agreed between the parties or granted by the court). The claim form must be accompanied by a form for acknowledging service and ‘notes for the defendant’ Claim form—CPR 8.2 and CPR 7.5Written evidence—CPR 8.5Form for acknowledging service—CPR 7.8(2) Claim form, see Practice Note: CPR Part
PRACTICE NOTES
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes effective as of August 2011 New practice direction for 'privacy' injunctions—CPR PD 51F A new practice direction, CPR PD 51F came into effect on 1 August 2011, launching a pilot scheme to collate data on the number and types of non-disclosure injunctions (aka 'privacy' and 'super' injunctions) being processed through the courts. The information to be collated (by use of a prescribed form for completion by the judge hearing the application) includes details as to the claim/application number, whether the hearing was for an interim injunction, an application to extend/vary one, apply for a final one or appeal against the grant/refusal of an interim or final injunction. It will also detail whether the application
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes to the Civil Procedure Rules (CPR) come into force (subject to the exceptions noted below) on 6 April 2011. This note sets out the main changes coming into force. All practice notes affected by these amendments will be updated accordingly. The changes include: • new service provisions in CPR 6 allowing service on European Lawyers or litigants in person in any EEA (European Economic Area) state • new provisions implementing aspects of the EU Mediation Directive (in a new Section III to be inserted into CPR 78) • new fixed costs in respect of claims involving HM Customs and Revenue (new Section VIII to be inserted into CPR 45) • amendments
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. A PDF copy of SI 2018/975 is available here: Part 1 and Part 5 The purpose of these amendments is to support the principles established by the Welsh Language (Wales) Measure 2011 and the Welsh Language Act 1993 respectively, that the Welsh language has official status in Wales and that, in any legal proceedings in Wales, the Welsh language may be used by any person. Part 1 A new rule 1.5 is to be inserted which reads as follows: ‘1.5.—(1) Nothing in the overriding objective undermines the principles provided by the Welsh Language (Wales) Measure 2011 (a) that the Welsh language has official status in Wales or by the Welsh Language Act 1993 (b) that in any legal