The Civil Procedure (Amendment) Rules 1999

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 and come into force at the same time as those Rules. The Rules correct errors in the 1998 Rules and make certain changes to those Rules. The main changes are–

• to provide for the basis upon which the court holds money paid into court under a court order;

• to provide for what happens to a subsisting interim injunction when a claim is struck out for non-payment of fees;

• to clarify the costs position before allocation to track, where a case is allocated to a track that has special rules as to costs;

• to provide for fixed costs where a party obtains a default costs certificate;

• to remove references to proceedings being in chambers or open court.

The Rules also insert provisions formerly contained in Order 94 r. 16 (proceedings under the Protection from Harassment Act 1997 (c. 40)) and Order 116 (The Criminal Procedure and Investigations Act 1996 (c. 25)) of the Rules of the Supreme Court 1965 and Order 48D (Enforcement of Fixed Penalties) of the County Court Rules 1984.