The Civil Procedure (Amendment) Rules 2000

Citation, commencement and interpretation

1.  These Rules may be cited as the Civil Procedure (Amendment) Rules 2000 and shall come into force—

(a) for the purposes of rules 2, 8, 20 and 40 of these Rules and this rule, on 28th February 2000; and

(b) for all other purposes, on 2nd May 2000.

2.  In these Rules—

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

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

Amendments to Civil Procedure Rules 1998

3.  In rule 3.5—

(a) paragraph (3) stands as paragraph (4);

(b) paragraph (4) stands as paragraph (5); and

(c) after paragraph (2), insert—

“(3) Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if he does not do so) pay the value of the goods as decided by the court (less any payments made).”.

4.—(1) In Part 6, at the end of the list of contents, insert the text as set out in Part I of Schedule 1 to these Rules.

(2) After rule 6.1, in the cross-reference—

(a) omit sub-paragraph (a);

(b) sub-paragraph (b) stands as sub-paragraph (a); and

(c) sub-paragraph (c) stands as sub-paragraph (b).

(3) In rule 6.5, for “RSC Order 11”, substitute “Section III of this Part”.

(4) In rule 6.7—

(a) after paragraph (1), insert “(Rule 2.8 excludes a Saturday, Sunday, a Bank Holiday, Christmas Day or Good Friday from calculations of periods of 5 days or less)”; and

(b) for paragraph (2), substitute—

“(2) If a document is served personally—

(a) after 5 p.m., on a business day; or

(b) at any time on a Saturday, Sunday or a Bank Holiday,

it will be treated as being served on the next business day.”.

(5) After rule 6.16, insert Section III as set out in Part II of Schedule 1 to these Rules.

5.  After rule 8.2, insert—

“Issue of claim form without naming defendants

8.2A— (1) A practice direction may set out the circumstances in which the court may give permission for a claim form to be issued under this Part without naming a defendant.

(2) An application for permission must be made by application notice before the claim form is issued.

(3) The application notice for permission—

(a) need not be served on any other person; and

(b) must be accompanied by a copy of the claim form that the applicant proposes to issue.

(4) Where the court gives permission it will give directions about the future management of the claim.”.

6.  In rule 12.3—

(a) for paragraph (2), substitute—

“(2) Judgment in default of defence may be obtained only—

(a) where an acknowledgment of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.”;

(b) after paragraph (2), insert—

• “(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgment of service) does not apply to a counterclaim made under that rule)”; and

(c) in paragraph (3), for sub-paragraph (a) substitute—

“(a) the defendant has applied—

(i) to have the claimant’s statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24,

and, in either case, that application has not been disposed of;”.

7.  In rule 17.1—

(a) after paragraph (2) insert—

“(3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.”; and

(b) omit—

• “(Part 19 also applies where the amendment relates to the addition, substitution or removal of a party)”.

8.  After rule 18.1, insert—

• “(Part 53 (defamation) restricts requirements for providing further information about sources of information in defamation claims)”.

9.  For Part 19, substitute Part 19 (parties and group litigation) as set out in Schedule 2 to these Rules.

10.  In rule 20.3—

(a) for paragraph (3), substitute—

“(3) Part 12 (default judgment) applies to a Part 20 claim only if it is a counterclaim.”;

(b) after paragraph (3), insert—

“(4) With the exception of—

(a) rules 14.1(1) and 14.1(2) (which provide that a party may admit the truth of another party’s case in writing); and

(b) rule 14.3(1) (admission by notice in writing—application for judgment),

which apply to all Part 20 claims, Part 14 (admissions) applies to a Part 20 claim only if it is a counterclaim.”; and

(c) for the cross-reference, substitute—

• “(Rule 12.3(2) sets out how to obtain judgment in default of defence where the Part 20 claim is a counterclaim against the claimant, and rule 20.11 makes special provision for default judgment in some categories of Part 20 claims)”.

11.  In rule 23.10, for paragraph (1), substitute—

“(1) A person who was not served with a copy of the application notice before an order was made under rule 23.9 may apply to have the order set aside ^(gl) or varied.”.

12.  In Part 24—

(a) after rule 24.1, insert—

• “(Part 53 makes special provision about summary disposal of defamation claims in accordance with the Defamation Act 1996)” (2) and

(b) in rule 24.4, after paragraph (3), insert—

“(4) A practice direction may provide for a different period of notice to be given.”.

13.—(1) In Part 25, the title is amended to “INTERIM REMEDIES AND SECURITY FOR COSTS”.

(2) For the list of contents in Part 25, substitute the list of contents and insert the section heading as set out in Part I of Schedule 3 to these Rules.

(3) After rule 25.11, insert Section II as set out in Part II of Schedule 3 to these Rules.

14.  In rule 26.7, paragraph (3)—

(a) substitute “the” for “any”; and

(b) omit “in those proceedings”.

15.  In rule 27.2, in sub-paragraph (e) of paragraph (1), before “and 35.8” insert “, 35.7 (court’s power to direct that evidence is to be given by single joint expert)”.

16.  After rule 31.22, insert—

“False, disclosure statements

31.23— (1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without an honest belief in its truth.

(2) Proceedings under this rule may be brought only—

(a) by the Attorney General; or

(b) with the permission of the court.”.

17.  In rule 32.6, in paragraph (2), omit “, in support of his application,”.

18.—(1) In Part 40, the title is amended to “JUDGMENTS, ORDERS, SALE OF LAND ETC.”.

(2) For the list of contents in Part 40, substitute the list of contents and insert the section heading as set out in Part I of Schedule 4 to these Rules.

(3) For rule 40.1 substitute—

“Scope of this section

40.1   This Section sets out rules about judgments and orders which apply except where any other of these Rules makes a different provision in relation to the judgment or order in question.”.

(4) After rule 40.14, insert Section II as set out in Part II of Schedule 4 to these Rules.

19.  After Part 51, insert Part 52 (appeals) as set out in Schedule 5 to these Rules.

20.  After Part 52, insert Part 53 (defamation) as set out in Schedule 6 to these Rules.

21.  In RSC Order 53, in rule 8, for paragraph (2), substitute—

“(2) Any appeal from an order made by a Master pursuant to paragraph (1) shall lie to a Divisional Court and not to a Judge.”.

22.  In RSC Order 71—

(a) in rule 7(2) for “Order 11, rules 5, 6 and 8”, substitute “CPR rules 6.24, 6.25 and 6.29”;

(b) in rule 22, for “by claim form”, substitute “in accordance with CPR Part 23 and”;

(c) in rule 29 for “Order 23”, substitute “Section II of CPR Part 25”;

(d) in rule 32(2) for “Order 11, rules 5, 6 and 8”, substitute “CPR rules 6.24, 6.25 and 6.29”; and

(e) in rule 33 in paragraph (2), for “A claim form”, substitute “An application notice”.

23.  In RSC Order 81, in rule 5(3) for “Order 11”, substitute “Section III of CPR Part 6”.

24.  In RSC Order 91, in sub-paragraph (a)(i) of rule 1, before “of” insert, “and 13B”(3).

25.  In RSC Order 94—

(a) for rule 8, substitute—

“8.— (1) A person who was a party to proceedings before any such tribunal as is mentioned in section 11(1) of the Tribunals and Inquiries Act 1992(4) and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.

(2) The appellant’s notice must be served—

(a) on the chairman of the tribunal;

(b) in the case of a tribunal which has no chairman or member who acts as a chairman, on the member or members of that tribunal; or

(c) in the case of any such tribunal as is specified in paragraph 16 of Schedule 1 to the said Act of 1992, on the secretary of the tribunal.

(3) Where an appeal is against the decision of a tribunal constituted under section 46 of the National Health Service Act 1977(5) the appellants’s notice must be filed at the High Court within 14 days after the date of that decision.

(4) Where an appeal is against the decision of a tribunal established under section 1 of the Employment Tribunals Act 1996(6) the appellant’s notice must be filed at the High Court within 42 days after the date of that decision.”;

(b) in rule 12 for “claim form”, wherever it occurs, substitute “appellant’s notice”; and

(c) in rule 13—

(i) in paragraph (5) for “claim form”, substitute “appellant’s notice”; and

(ii) omit paragraph (8).

26.  In RSC Order 99, in rule 4(2) for “Order 15, rule 13”, substitute “CPR rule 19.7”.

27.  In RSC Order 106—

(a) in rule 12—

(i) in paragraph (1) for “notice of appeal”, substitute “appellant’s notice”;

(ii) for paragraph (3), substitute—

“(3) The appellant’s notice must be filed at the court within 14 days after the date on which a statement of the tribunal’s findings was filed pursuant to section 48(1) of the Act.”(7); and

(iii) omit paragraph (4);

(b) in rule 13(1) for “notice of appeal”, substitute “appellant’s notice”; and

(c) in rule 16 for “notice of appeal”, substitute “appellant’s notice”.

28.  In RSC Order 108, in rule 5—

(a) for “notice of appeal”, wherever it appears, substitute “appellant’s notice”; and

(b) in paragraph (2), for “defendant” wherever it appears, substitute “respondent”.

29.  In RSC Order 109—

(a) in rule 2, omit paragraph (3); and

(b) after rule 3, insert rule 4 as set out in Schedule 7 to these Rules.

30.  In RSC Order 114, in rule 6, for “the period” until “days.”, substitute “an appellant’s notice must be filed at the Court of Appeal within 14 days after the date the order was made.”.

31.  In RSC Order 115, in each of rules 17 and 33, for paragraph (2), substitute—

“(2) Permission is not required to serve such a notice out of the jurisdication and CPR rules 6.24, 6.25 and 6.29 shall apply in relation to such notice as they apply in relation to a claim form.”.

32.  In CCR Order 25—

(a) in rule 3—

(i) for paragraph (3), substitute—

“(3) The order shall be served—

(a) by the judgment creditor delivering the order to the debtor personally; or

(b) by the court sending it by first-class post to the debtor—

(i) at his address for service; or

(ii) where CPR rule 6.5(5) applies, at the place of service specified in that rule.”; and

(ii) after paragraph (3), insert—

“(3A) Unless the judgment creditor otherwise requests, service shall be effected in accordance with paragraph (3)(b).

(3B) Where an order is served in accordance with paragraph (3)(b) the date of service shall, unless the contrary is shown, be deemed to be the seventh day after the date on which the order was sent to the debtor.

(3C) Where—

(a) an order has been sent by post in accordance with paragraph (3)(b) to the debtor’s address for service; and

(b) the order has been returned to the court office undelivered, the court shall send notice of non-service to the judgment creditor pursuant to CPR rule 6.11 together with a notice informing him that he may request bailiff service at that address.

(3D) If the appellant requests bailiff service under paragraph (3C), it shall be effected by a bailiff of the court—

(a) inserting the order, enclosed in an envelope addressed to the debtor, through the letter-box at the debtor’s address for service;

(b) delivering the order to some person, apparently not less than 16 years old, at the debtor’s address for service; or

(c) delivering the order to the debtor personally.”; and

(b) in rule 9—

(i) in paragraph (2)(b), for “leave of the court under RSC Order 11, rule 1”, substitute “permission of the court under CPR rule 6.20”; and

(ii) in paragraph (4), for “the notice of the day of hearing in accordance with Order 3, rule 6”, substitute “an order under Order 25, rule 3”.

33.  In CCR Order 27—

(a) in rule 5, for paragraph (1), substitute—

“(1) Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner required for service of an order under Order 25, rule 3.”;

(b) in rule 17—

(i) for paragraph (3A), substitute—

“(3A) Notice of the application together with a form of reply in the appropriate form, shall be served on the debtor in the manner required for service of an order under Order 25, rule 3.”;

(ii) paragraph (3B) stands as paragraph (3C); and

(iii) after paragraph (3A), insert—

“(3B) Service of the notice shall be effected not less than 21 days before the hearing, but service may be effected at any time before the hearing on the applicant satisfying the court by witness statement or affidavit that the respondent is about to remove from his address for service.”.

34.  In CCR Order 30, in rule 3(2)(a), for “the notice of the day of hearing in accordance with Order 3, rule 6”, substitute “an order under Order 25, rule 3”.

35.  In CCR Order 33, in rule 4(3), for “notice of the day of hearing in accordance with Order 3, rule 6.”, substitute “an order under Order 25, rule 3.”.

36.  In CCR Order 42, in rule 7(1), for “RSC Order 11”, substitute “Section III of CPR Part 6”.

37.  In CCR Order 45, in rule 1(3), for “the notice of the day of hearing, in accordance with Order 3, rule 6.”, substitute “an order under Order 25, rule 3.”.

38.  In CCR Order 49, in rules 6(9) and 6A(11), for “(8) and (9) of Order 3, rule 6 (commencement of proceedings)”, substitute “(3C) and (3D) of Order 25, rule 3”.

Transitional provisions

39.  Where a person seeks to appeal a judgment or order made before 2nd May 2000—

(a) rule 19 of these Rules shall have no effect; and

(b) the rules of court relating to appeals in force immediately before 2nd May 2000 shall apply as if they had not been revoked.

Revocations

40.  RSC Order 82 is revoked.

41.  The Orders set out in column 1 of Schedule 8 are revoked to the extent set out in column 2 of that Schedule.

Woolf M.R.

Richard Scott V-C.

Anthony May L.J.

Richard Holman

Godfrey Gypps

John Leslie

David Foskett

Henrietta Manners

David Greene

Peter Haworth

Peter Watson

Harriet Kimbell

Olivia Morrison-Lyons

I allow these Rules

Irvine of Lairg, C.

Dated 24th January 2000