The Civil Procedure (Amendment) Rules 1999

1.  These Rules may be cited as the Civil Procedure (Amendment) Rules 1999 and shall come into force on 26th April 1999.

2.  In these Rules–

(a) “the Rules” means the Civil Procedure Rules 1998(1) and a reference to a rule or Schedule by number alone means the rule or Schedule so numbered in the Rules;

(b) a reference to an Order by number and prefixed by “RSC” means the RSC Order so numbered in Schedule 1; and

(c) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2.

3.  In rule 2.1, after paragraph 2, at the end of the table, insert–

(a) in the first column, “6. Adoption proceedings”; and

(b) in the second column, “Adoption Act 1976(2), s.66”.

4.  In rule 3.1, after paragraph (6), insert–

“(6A) Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings, subject to the right of a defendant under rule 37.2 to treat all or part of any money paid into court as a Part 36 payment.

(Rule 36.2 explains what is meant by a Part 36 payment)”.

5.  In rule 13.4, after paragraph (1), omit “(Rule 2.3 explains which court is a defendant’s home court)”; and insert–

“(1A) In this rule, “defendant’s home court” has the meaning given to it by rule 2.3, except that reference to the defendant’s address for service shall be a reference to that address shown on the last of the following documents to be filed at court giving an address for service for the defendant–

(a) the application to set aside^(GL);

(b) any acknowledgment of service; and

(c) the claim form.”.

6.  For paragraph (4) of rule 16.3 substitute–

“(4) In a claim which includes a claim by a tenant of residential premises against his landlord where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the claimant must also state in the claim form–

(a) whether the estimated costs of those repairs or other work is–

(i) not more than £1000; or

(ii) more than £1000; and

(b) whether the financial value of any other claim for damages is–

(i) not more than £1000; or

(ii) more than £1000.”.

7.  In rule 24.3(2)–

(a) for sub-paragraph (a) of paragraph (2) substitute–

“(a) proceedings for possession of residential premises against–

(i) a mortgagor; or

(ii) a tenant or person holding over after the end of his tenancy, whose occupancy is protected within the meaning of the Rent Act 1977(3), or the Housing Act 1988(4); and”;

(b) in sub-paragraph (b) after “rem” omit “.”, and insert “; and”; and

(c) after sub-paragraph (b), insert–

“(c) contentious probate proceedings.”.

8.  In Part 25–

(a) at the end of the list of contents insert–

“Interim injunction to cease after 24 days if claim struck out

Rule 25.11”; and

(b) after rule 25.10 insert–

“Interim injunction to cease after 14 days if claim struck out

25.11— (1) If–

(a) the court has granted an interim injunction^(GL); and

(b) the claim is struck out under rule 3.7 (sanction for non-payment of certain fees),

the interim injunction shall cease to have effect 14 days after the date that the claim is struck out unless paragraph (2) applies.

(2) If the claimant applies to reinstate the claim before the interim injunction ceases to have effect under paragraph (1), the injunction shall continue until the hearing of the application unless the court orders otherwise.”.

9.  In rule 27.14, for sub-paragraph (a) of paragraph (2) substitute–

“(a) the fixed costs attributable to issuing the claim which–

(i) are payable under Part 45; or

(ii) would be payable under Part 45 if that Part applied to the claim;”.

10.  In rule 33.3, after paragraph (a), insert–

“(aa) to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence;”.

11.  In Part 34–

(a) in rule 13, in paragraph (4)–

(i) before “country” substitute “a” for “the”; and

(ii) omit “to which the letter is sent”;

(b) in rule 14–

(i) in the heading insert “of the court” after “examiner”; and

(ii) for paragraph (1) substitute “An examiner of the court may charge a fee for the examination.”.

12.  In rule 36.4, for sub-paragraph (b) of paragraph (1) substitute–

“(b) to make a money offer in respect of the money claim and a non-money offer in respect of the non-money claim.”.

13.  In rule 36.6, in paragraph (3), for “the offeror has served the notice” substitute “the offeror will serve the notice”.

14.  In rule 36.17, in sub-paragraph (b) of paragraph (3) after “defendants” insert “if he is entitled to do so”.

15.  In rule 36.20, in sub-paragraph (b) of paragraph (1) before “Part” insert “defendant's”.

16.  In rule 42.2, in sub-paragraph (a) of paragraph (1), for “has acted” substitute “is acting”.

17.  In rule 44.9, for paragraph (2), substitute–

“(2) Once a claim is allocated to a particular track, those special rules shall apply to the period before, as well as after, allocation except where the court or a practice direction provides otherwise.”.

18.  In rule 47.11, after paragraph (2), insert–

“(3) Where a receiving party obtains a default costs certificate, the costs payable to him for the commencement of detailed assessment proceedings shall be the sum set out in the costs practice direction.”.

19.  In rule 47.14, in sub-paragraph (b) of paragraph (5), for “commences the proceedings”, substitute “files a request for a detailed assessment hearing”.

20.  In rule 47.16, in paragraph (1), omit “which the receiving party has”.

21.  In rule 47.24, in sub-paragraph (b) of paragraph (4), for “the decision in question”, substitute “the date of the direction”.

22.  In rule 47.25, in sub-paragraph (b) of paragraph (2), for “the decision appealed against”, substitute “the direction”.

23.  In rule 48.4–

(a) for paragraph (2), substitute–

“(2) The general rule is that where he is entitled to be paid his costs of the proceedings out of any fund held by him as trustee or personal representative, those costs shall be assessed on the indemnity basis.”; and

(b) in paragraph (3), omit “but only”.

24.  In rule 48.8–

(a) after paragraph (1), insert–

“(1A) Section 74(3) of the Solicitors Act 1974(5) applies unless the solicitor and client have entered into a written agreement which expressly permits payment to the solicitor of an amount of costs greater than that which the client could have recovered from another party to the proceedings.”; and

(b) at the beginning of paragraph (2) insert “Subject to paragraph (1A),”.

25.  In rule 48.10, in paragraph (1), for “paragraph” substitute “rule”.

26.  In RSC Order 11–

(a) in paragraph (1) of rule 1, omit “does not contain any claim mentioned in Order 75, rule 2(1) and”;

(b) in rule 1B–

(i) in sub-paragraph (b) of paragraph (2); and

(ii) in sub-paragraph (b) of paragraph (3), for “Part 8” in each case substitute “Part 10”; and

(c) in paragraph (1) of rule 9, after “petition” insert “or an application notice issued before proceedings have started”;

(d) after rule 9, insert–

“Service of Part 20 claim form

Rule 9A— (1) This rule applies to any Part 20 claim, except–

(a) a counterclaim; and

(b) a claim for a contribution or indemnity made in accordance with CPR rule 20.6.

(2) Permission may be granted to serve a Part 20 claim form on any necessary or proper party to the proceedings brought against the defendants in accordance with rule 1(1)(c).”.

27.  In RSC Order 17–

(a) rule 8 shall stand as paragraph (1) of rule 8; and

(b) after rule 8(1), insert–

“(2) Where the interpleader claimant fails to appear at the hearing, the Court may direct that the sheriff’s and execution creditor’s costs shall be assessed by a master or, where the hearing was heard in a district registry, by a district judge of that registry and the following CPR rules shall apply–

(a) 44.4 (basis of assessment);

(b) 44.5 (factors to be taken into account in deciding the amount of costs);

(c) 48.4 (limitations on court’s power to award costs in favour of trustee or personal representative); and

(d) 48.6 (litigants in person).

(3) Where the claim in question is proceeding in the Admiralty Court or the Family Division, references in this rule to a Master shall be construed as references to the Admiralty Registrar or to a Registrar of that Division.”.

28.  In RSC Order 30, in paragraph (1) of rule 7, omit–

(a) “sitting in private” where the words first appear; and

(b) “, either sitting in private or public,”.

29.  In RSC Order 31, in rule 6, omit “either sitting in private or in public as he thinks fit”.

30.  In RSC Order 44–

(a) in paragraph (3) of rule 2, omit “in Form No. 15 in the relevant practice direction”;

(b) in paragraph (3) of rule 11, omit “, either at a public or private hearing,”; and

(c) in rule 12, omit paragraph (b).

31.  In RSC Order 48, in paragraph (4) of rule 1, omit “of a grade not lower than that of higher executive officer”.

32.  In RSC Order 52, in rule 6 for “open court”, wherever those words appear, substitute “public”.

33.  In RSC Order 53–

(a) in rule 3–

(i) in paragraph (2) omit “without notice being served on any other party”;

(ii) after paragraph (2) insert–

“(2A) The documents referred to in paragraphs (2)(a) and (b) need not be served on any other person.”; and

(iii) in paragraph (3), omit “, and need not sit in public”; and

(b) in rule 5–

(i) for paragraph (2) substitute–

“(2) In any other such cause or matter, the application shall be made to a judge unless the Court directs that it shall be made to a Divisional Court of the Queen’s Bench Division.”; and

(ii) in paragraph (2A) omit “the issue of a”.

34.  In RSC Order 55, in paragraph (1) of rule 4, for the words from “notice of the motion” to “is brought” substitute “the notice of appeal”.

35.  In RSC Order 57–

(a) in rule 1, in sub-paragraph (b) of paragraph (1), after “Order 54,” insert “Order 64, rule 4”.

(b) for rule 5 substitute–

“Issue of writs

Rule 5   Every writ issued in proceedings to which this Order applies must be prepared by the party seeking to issue it and–

(a) shall be issued out of the Crown Office, Chancery Chambers or the principal registry of the Family Division, as the circumstances of the case require; and

(b) must, together with the return to it and a copy of any order made on it, be filed in the Crown Office, Chancery Chambers or the principal registry of the Family Division, as the circumstances of the case require.”.

36.  In RSC Order 58, in paragraph (1) of rule 1, omit “who may sit in private”.

37.  In RSC Order 59–

(a) in rule 14–

(i) in paragraph (2), for “in court sitting in public” substitute “at a hearing”;

(ii) in paragraphs (2A) and (2B), omit the words “in public” wherever they appear; and

(iii) omit paragraphs (7) and (8); and

(b) in rule 24, omit paragraph (4).

38.  In RSC Order 71, in paragraph (1) of rule 38, omit “paragraphs (2) and (3) of”.

39.  In RSC Order 77–

(a) in rule 7 omit the words “, or Order 86, rule 1,” wherever they appear; and

(b) in rule 11, for “upon an application by claim form” substitute “by application, notice of which must be”.

40.  In RSC Order 79, in rule 9–

(a) in paragraph (4) for “judge sitting in private”, substitute “court”;

(b) in paragraphs (4) and (5), for “judge may, if he thinks fit,” in each case, substitute “court may”;

(c) in paragraph (6), for “judge sitting in private by whom an application for bail in criminal proceedings is heard”, substitute “court”;

(d) in paragraph (6B)–

(i) for “a judge sitting in private” substitute “the court”; and

(ii) for “the judge” substitute “it”;

(e) in paragraph (7)–

(i) for “a judge” substitute “the court”; and

(ii) for “the judge” substitute “the court”;

(f) in paragraph (10), omit “by the judge sitting in private”;

(g) in paragraph (11), for “a judge sitting in private or of a Crown Court” substitute “the High Court or the Crown Court”; and

(h) in paragraph (12), omit “by a judge sitting in private”.

41.  In RSC Order 79, omit rules 10 and 11.

42.  In RSC Order 81, in rule 4, omit paragraph (5).

43.  In RSC Order 81, in rule 10–

(a) in paragraph (1), for “by claim form” substitute “in accordance with CPR Part 23”;

(b) in–

(i) paragraph (3); and

(ii) paragraph (4), for “claim form”, where the words first appear, substitute “application notice”;

(c) in–

(i) paragraph (3); and

(ii) paragraph (4),

for “a claim form” substitute “an application”; and

(d) in paragraph (5), for “A claim form” substitute “An application notice”.

44.  In RSC Order 82–

(a) for the words “a judge sitting in private” wherever they appear, substitute “the court”;

(b) for the words “the judge” wherever they appear, substitute “the court”;

(c) in paragraph (2) of rule 3A, for “he may” substitute “it may”; and

(d) in rule 5–

(i) in paragraph (1), omit “in open Court”; and

(ii) in paragraph (2), for “in open Court” substitute “referred to in paragraph (1)”.

45.  In RSC Order 91, in paragraph (2) of rule 6 omit “by a single judge of the Queen’s Bench Division or, where both parties consent,”.

46.  In RSC Order 93, in paragraph (2) of rule 11, omit “in private”.

47.  In RSC Order 94–

(a) omit paragraph (5) of rule 5; and

(b) in–

(i) paragraph (2) of rule 10; and

(ii) paragraph (2) of rule 10A,

for “claim form” wherever those words appear, substitute “notice of appeal”.

48.  After RSC Order 94, rule 15 insert–

“Proceedings under the Protection from Harassment Act 1997(6)

Rule 16— (1) In this rule, “the Act” means the Protection from Harassment Act 1997.

(2) This rule shall apply to injunctions granted on or after 1st September 1998 and injunctions granted before that date shall be treated as if this rule had not come into force.

(3) Proceedings in the High Court under section 3 of the Act shall be assigned to the Queen’s Bench Division.

(4) An application for the issue of a warrant for the arrest of the defendant under section 3(3) of the Act shall–

(a) state that it is an application for the issue of a warrant for the arrest of the defendant;

(b) set out the grounds for making the application and be supported by an affidavit or evidence on oath;

(c) state whether the claimant has informed the police of the defendant’s conduct as described in sub-paragraph (b); and

(d) state whether, to the claimant’s knowledge, criminal proceedings are being pursued.

(5) The Court before whom a person is brought following his arrest may–

(a) determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the injunction, or

(b) adjourn the proceedings and, where such an order is made, the arrested person shall be released and–

(i) may be dealt with within 14 days of the day on which he was arrested; and

(ii) be given not less than 2 days' notice of the adjourned hearing.

(6) This rule applies to proceedings under section 3 of the Act in a county court with the following modifications–

(a) Such proceedings in a county court shall be begun–

(i) in the court for the district in which the claimant resides or carries on business; or

(ii) in the court for the district in which the defendant resides or carries on business.

(b) Where a county court–

(i) grants an injunction under section 3 of the Act; or

(ii) issues a warrant for the arrest of the defendant, the injunction or warrant shall be issued in the appropriate prescribed form.”.

49.  In RSC Order 95, rule 2–

(a) in paragraph (1)–

(i) omit sub-paragraphs (a) and (b); and

(ii) after “must”, insert “be made by claim form.”;

(b) after paragraph (1) insert–

“(1A) If a consent to the satisfaction signed by the person entitled to the benefit of the bill of sale can be obtained, from claim form and the documents set out in paragraph (2) must not be served on any other person.”;

(c) in paragraph (2), for “An application under paragraph (1)(a)” substitute “Where paragraph (1A) applies, the claim form”; and

(d) in paragraph (3), for “A claim form under paragraph (1)(b)” substitute “Where paragraph (1A) does not apply, the claim form”.

50.  In RSC Order 96, for paragraph (b) of rule 7 substitute–

“(b) adjourn the claim for hearing before the judge in such manner as he shall think best adapted to secure the just, expeditious and economical disposal of the proceedings.”.

51.  In RSC Order 97–

(a) in paragraph (1) of rule 8, omit “in private”;

(b) omit paragraph (2) of rule 9A;

(c) in paragraph (1) of rule 10:–

(i) for “must”, substitute “may”; and

(ii) omit “in private”;

(d) in paragraph (2) of rule 11, for “to the court sitting in private” substitute “in the High Court”; and

(e) omit rule 15.

52.  In RSC Order 98, in paragraph (3) of rule 4, omit “to the motion”.

53.  In RSC Order 99, omit rule 8.

54.  In RSC Order 101, in rule 4, for “claim form” wherever it appears substitute “notice of appeal”.

55.  In RSC Order 109, in paragraph (2) of rule 1, omit “and be heard in public”.

56.  In RSC Order 110, in paragraph (2) of rule 1, for “application made in accordance with CPR Part 23” substitute “claim form”.

57.  In RSC Order 112, in rule 3, omit “or claim form”.

58.  In RSC Order 113, in paragraph (3) of rule 6, for “in a claim begun in accordance with CPR Part 7” substitute “otherwise than in accordance with this Order”.

59.  In RSC Order 114, in paragraph (2) of rule 2, for “by claim form” substitute “in accordance with CPR Part 23”.

60.  In RSC Order 115–

(a) in paragraph (2) of rule 5, for the word “summons”–

(i) where it first appears, substitute “application notice”; and

(ii) where it next appears, substitute “application”;

(b) in paragraph (3) of rule 6, for the word “summons” substitute “application”; and

(c) in rule 12, for “sitting in private and” substitute “or”.

61.  After RSC Order 115, insert RSC Order 116 as set out in Appendix 1 to these Rules.

62.  In the following RSC, omit the words “sitting in private” wherever they appear–

(a) Order 54, paragraphs (1) and (2) of rule 9;

(b) Order 55, paragraph (2) of rule 6A;

(c) Order 56, paragraph (2) of rule 13;

(d) Order 59, paragraph (4) of rule 20;

(e) Order 71, rules 1 and 16;

(f) Order 79, rules 8 and 9;

(g) Order 93, rule 1;

(h) Order 106, sub-paragraph (a) of paragraph (2) of rule 2;

(i) Order 109, paragraphs (1) and (3) of rule 1; and

(j) Order 115, rule 2 and paragraph (1) of rule 25.

63.  In the following RSC, omit the words “sitting in public” wherever they appear–

(a) Order 53, sub-paragraph (b) of paragraph (4) of rule 3;

(b) Order 56, sub-paragraph (b) of paragraph (1) of rule 1;

(c) Order 56, sub-paragraph (b) of paragraph (1) of rule 5; and

(d) Order 94, sub-paragraph (a) of paragraph (3) of rule 12.

64.  In CCR Order 6, in rule 6, in–

(a) paragraph (1); and

(b) paragraph (2), after “hire-purchase agreement” insert “or a conditional sale agreement”.

65.  In CCR Order 13, for paragraph (10) of rule 1, substitute–

“(10) An appeal shall lie to a judge from any order made by a district judge in the course of proceedings.”.

66.  In CCR Order 24, in paragraph (4) of rule 5, at the end of the paragraph insert “in the exercise of any power which could have been exercised if possession had been sought otherwise than in accordance with this Order.”.

67.  In CCR Order 27, in paragraph (3B) of rule 17, omit “Rule 5(1) shall apply and”.

68.  In CCR Order 28, in paragraph (1) of rule 13–

(a) in sub-paragraph (a), for “he” substitute “the court officer”; and

(b) in sub-paragraph (b), for “which shall make” substitute “and the court officer at the foreign court shall make”.

69.  In CCR Order 42, in paragraph (1) of rule 13, for “Orders 25 to 32” substitute “Orders 25 to 31 or RSC Order 30 (in so far as it applies to proceedings in the county court)”.

70.  In CCR Order 43–

(a) omit rule 18;

(b) in paragraph (3) of rule 20, omit “under rule 14”.

71.  In CCR Order 48B, in paragraph (6G) of rule 2, for “a summons” substitute “an order”.

72.  After CCR Order 48B, insert CCR Order 48D as set out in Appendix 2 to these Rules.

73.  In CCR Order 49–

(a) in paragraph (7) of rule 1, omit “and may, if the court thinks fit, be dealt with in private”;

(b) in rule 6–

(i) in sub-paragraph (i) of paragraph (7), insert at the beginning of the sub-paragraph “the first written tenancy agreement and”;

(ii) in paragraph (9) for “paragraphs (c) and (d) of Order 3, rule 6 (mode of service)”, substitute “paragraphs (8) and (9) of Order 3, rule 6 (commencement of proceedings)”.

(c) in rule 6A–

(i) for sub-paragraph (i) of paragraph (7), substitute–

“(i) the first written tenancy agreement and the current (or most recent) written tenancy agreement;”; and

(ii) in paragraph (11) for “paragraphs (c) and (d) of Order 3, rule 6 (mode of service)”, substitute “paragraphs (8) and (9) of Order 3, rule 6 (commencement of proceedings)”;

(d) in paragraph (4) of rule 6B, before the word “affidavit”, where it first appears, insert “witness statement or”;

(e) in rule 13, omit paragraph (3); and

(f) omit rule 18.

Woolf M.R.

Richard Scott V-C.

Anthony May L.J.

John Leslie

Richard Holman

Godfrey Gypps

Henrietta Manners

Nicholas Chambers

David Foskett

Peter Watson

Harriet Kimbell

Olivia Morrison-Lyons

David Greene

Peter Haworth

I allow these Rules

Irvine of Lairg, C.

Dated 25th March 1999