The Civil Procedure (Amendment No. 2) Rules 2015

Citation, commencement and interpretation

1.  These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2015.

2.—(1) These Rules come into force on 5th April 2015, except as provided in paragraphs (2) and (3).

(2) Rule 5 of these Rules comes into force on 6th April 2015.

(3) Rules 6 and 12(1) of these Rules comes into force on the day on which, and immediately after, section 87 of the Criminal Justice and Courts Act 2015(1) comes into force.

(4) Rules 7 to 10 and 12(2) of these Rules come into force on the day on which, and immediately after, section 84 of the Criminal Justice and Courts Act 2015 comes into force.

3.  In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(2).

Amendments to the Civil Procedure Rules 1998

4.  The Civil Procedure Rules 1998 are amended in accordance rules 5 to 10.

5.  In rule 46.4—

(a) in paragraph (3), before “Practice Direction 46” insert “paragraph (5) or in”; and

(b) after paragraph (4) insert—

“(5) Where the costs payable comprise only the success fee claimed by the child’s or protected party’s legal representative under a conditional fee agreement or the balance of any payment under a damages based agreement, the court may direct that—

(a) the assessment procedure referred to in rule 46.10 and paragraph 6 of Practice Direction 46 shall not apply; and

(b) such costs be assessed summarily.”.

6.  After rule 46.14, insert—

“V COSTS IN CLAIMS FOR JUDICIAL REVIEW

Claims for judicial review: costs against interveners

46.15.— (1) In this rule the terms “intervener” and “relevant party” have the same meaning as in section 87 of the Criminal Justice and Courts Act 2015 (“the 2015 Act”).

(2) A relevant party may apply to the court for an order for an intervener to pay costs in accordance with section 87 of the 2015 Act.

(Section 87 of the 2015 Act applies to judicial review proceedings in the High Court and Court of Appeal.)

(Rule 54.17 makes provision for any person to be able to apply for permission to file evidence or make representations at the hearing of a judicial review.)”

7.  After rule 54.8(4)(a)(i) insert—

“(ia) where the person filing it intends to contest the application for permission on the basis that it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred, set out a summary of the grounds for doing so; and”

8.  After rule 54.8(5), insert—

“(Section 31(3C) of the Senior Courts Act 1981(3) requires the court, where it is asked to do so by the defendant, to consider whether the outcome for the claimant would have been substantially different if the conduct complained of had not occurred.)”

9.  After rule 54.11(a), insert—

“(ai) any certificate (if not included in the order) that permission has been granted for reasons of exceptional public interest in accordance with section 31(3F) of the Senior Courts Act 1981; and”

10.  After rule 54.11, insert—

“Permission decision where court requires a hearing

54.11A.— (1) This rule applies where the court wishes to hear submissions on—

(a) whether it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred; and if so

(b) whether there are reasons of exceptional public interest which make it nevertheless appropriate to give permission.

(2) The court may direct a hearing to determine whether to give permission.

(3) The claimant, defendant and any other person who has filed an acknowledgment of service must be given at least 2 days’ notice of the hearing date.

(4) The court may give directions requiring the proceedings to be heard by a Divisional Court.

(5) The court must give its reasons for giving or refusing permission.”

Amendment to the Civil Procedure (Amendment No. 8) Rules 2014

11.  In rule 5(b) of the Civil Procedure (Amendment No. 8) Rules 2014(4), for the new paragraph (1A) to be inserted into rule 21.12 of the Civil Procedure Rules 1998, substitute—

“(1A) Costs recoverable under this rule are limited to—

(a) costs incurred by or on behalf of a child and which have been assessed by way of detailed assessment pursuant to rule 46.4(2); or

(b) costs incurred by or on behalf of a child by way of success fee under a conditional fee agreement or sum payable under a damages based agreement in a claim for damages for personal injury where the damages agreed or ordered to be paid do not exceed £25,000, where such costs have been assessed summarily pursuant to rule 46.4(5).”.

Saving provision

12.—(1) The changes made by rule 6 do not apply to an application for judicial review where the claim form was filed before the day on which section 87 of the Criminal Justice and Courts Act 2015 comes into force.

(2) The changes made by rules 7 to 10 do not apply to an application for judicial review where the claim form was filed before the day on which section 84 of the Criminal Justice and Courts Act 2015 comes into force.

The Right Honourable Lord Dyson, MR

Stephen Richards, LJ

Mr Justice Birss

Mr Justice Coulson

Master Roberts

His Honour Judge Martin McKenna

District Judge Christopher Lethem

Amanda Stevens

Kate Wellington

I allow these Rules

Signed by authority of the Lord Chancellor

Edward Faulks

Minister of State

Ministry of Justice

12th March 2015