The Civil Procedure (Amendment) Rules 2002

Citation, commencement and interpretation

1.  These Rules may be cited as the Civil Procedure (Amendment) Rules 2002 and shall come into force—

(a) for the purposes of rules 2, 29(b) and 35 of these Rules, and this rule, on 1st October 2002;

(b) for all other purposes, on 2nd December 2002.

2.  In these Rules—

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

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

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

Amendments to the Civil Procedure Rules 1998

3.  In rule 3.7(1)—

(a) in sub-paragraph (a), for “listing questionnaire” substitute “pre-trial check list (listing questionnaire)”;

(b) in sub-paragraphs (b) and (c) and in the first cross-reference, for “listing questionnaire” substitute “pre-trial check list”.

4.  After rule 5.4, insert—

“Filing and sending documents

5.5— (1) A practice direction may make provision for documents to be filed or sent to the court by—

(a) facsimile; or

(b) other electronic means.

(2) Any such practice direction may—

(a) provide that only particular categories of documents may be filed or sent to the court by such means;

(b) provide that particular provisions only apply in specific courts; and

(c) specify the requirements that must be fulfilled for any document filed or sent to the court by such means.”.

5.  In Part 6—

(a) at the end of the list of contents, insert the text set out in Part I of Schedule 1 to these Rules;

(b) in rule 6.18, for paragraph (k) substitute—

“(k) “Regulation State” has the same meaning as “Member State” in the Judgments Regulation, that is all Member States except Denmark.”;

(c) in rule 6.19(1)(b), for sub-paragraphs (ii) and (iii), substitute—

“(ii) Article 16 of Schedule 1 or 3C to the 1982 Act, or paragraph 11 of Schedule 4 to that Act, refers to the proceedings; or

(iii) the defendant is a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1 or 3C to the 1982 Act, or paragraph 12 of Schedule 4 to that Act, refers.”; and

(d) after rule 6.31, insert Section IV (Service of foreign process) as set out in Part II of Schedule 1 to these Rules.

6.  In Part 19—

(a) after rule 19.7, insert—

“Representation of beneficiaries by trustees etc.

19.7A— (1) A claim may be brought by or against trustees, executors or administrators in that capacity without adding as parties any persons who have a beneficial interest in the trust or estate (“the beneficiaries”).

(2) Any judgment or order given or made in the claim is binding on the beneficiaries unless the court orders otherwise in the same or other proceedings.”

(b) for rule 19.8A, substitute—

“19.8A— (1) This rule applies to any claim relating to—

(a) the estate of a deceased person;

(b) property subject to a trust; or

(c) the sale of any property.

(2) The court may at any time direct that notice of—

(a) the claim; or

(b) any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

(3) An application under this rule—

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

(4) Unless the court orders otherwise—

(a) a notice of a claim or of a judgment or order under this rule must be—

(i) in the form required by the practice direction;

(ii) issued by the court; and

(iii) accompanied by a form of acknowledgment of service with any necessary modifications;

(b) a notice of a claim must also be accompanied by—

(i) a copy of the claim form; and

(ii) such other statements of case, witness statements or affidavits as the court may direct; and

(c) a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the remedy claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule—

(a) shall be bound by the judgment or order as if he had been a party to the claim; but

(b) may, provided he acknowledges service—

(i) within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii) take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply—

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.”.

7.  In rule 25.1, in paragraph (1)—

(a) at the end of sub-paragraph (m) omit “and”; and

(b) after sub-paragraph (n) insert—

• “;

  (o)

  an order directing any account to be taken or inquiry to be made by the court”.

8.  In rules 28.4(1)(a), 28.6(1), 29.2(3)(b), 29.5(1)(c) and 29.8(a), for “listing questionnaire” substitute “pre-trial check list”.

9.  For rule 28.5 substitute—

“Pre-trial check list (listing questionnaire)

28.5— (1) The court will send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in the notice of allocation unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) The date specified for filing a pre-trial check list will not be more than 8 weeks before the trial date or the beginning of the trial period.

(3) If—

(a) a party fails to file the completed pre-trial check list by the date specified;

(b) a party has failed to give all the information requested by the pre-trial check list; or

(c) the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.”.

10.  For rule 29.6 substitute—

“Pre-trial check list (listing questionnaire)

29.6— (1) The court will send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in directions given under rule 29.2(3) unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) Each party must file the completed pre-trial check list by the date specified by the court.

(3) If—

(a) a party fails to file the completed pre-trial check list by the date specified;

(b) a party has failed to give all the information requested by the pre-trial check list; or

(c) the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.”.

11.  In rule 29.7, for “listing questionnaires” substitute “pre-trial check lists”.

12.  In Part 34—

(a) for the title, substitute “WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS”;

(b) at the end of the list of contents, insert the text as set out in Part I of Schedule 2 to these Rules;

(c) for rule 34.1, substitute—

“I WITNESSES AND DEPOSITIONS

Scope of this Section

34.1— (1) This Section of this Part provides—

(a) for the circumstances in which a person may be required to attend court to give evidence or produce a document; and

(b) for a party to obtain evidence before a hearing to be used at the hearing.

(2) In this Section, reference to a hearing includes a reference to the trial.”;

(d) after rule 34.15—

(i) omit the cross-reference; and

(ii) insert Section II (Evidence for foreign courts) as set out in Part II of Schedule 2 to these Rules.

13.  After rule 40.4, omit the second cross-reference.

14.  In rule 44.12A(4), in sub-paragraph (a)(i), after “order for costs”, insert “to be determined by detailed assessment”.

15.  In rule 44.15(3)—

(a) in sub-paragraph (b), for “listing questionnaire” substitute “pre-trial check list (listing questionnaire)”; and

(b) in the cross-reference, for “listing questionnaire” substitute “pre-trial check list”.

16.  In rule 44.16, after paragraph (b), for “the court may adjourn the hearing to allow the legally represented party to be notified of the order sought” substitute—

• “the court may adjourn the hearing to allow the client to be—

  (i)

  notified of the order sought; and

  (ii)

  separately represented”.

17.  In rule 47.14, in paragraph (6), for “person” substitute “party”.

18.  In rule 47.19, in the cross-reference, after “an assisted person”, insert “, unless the court orders otherwise”.

19.  In rule 48.6—

(a) for paragraph (3) substitute—

“(3) The litigant in person shall be allowed—

(a) costs for the same categories of—

(i) work; and

(ii) disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;

(b) the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

(c) the costs of obtaining expert assistance in assessing the costs claim.”; and

(b) for paragraph (4) substitute—

“(4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—

(a) where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.”.

20.  In rule 48.7, for paragraph (4) substitute—

“(4) When the court makes a wasted costs order, it must—

(a) specify the amount to be disallowed or paid; or

(b) direct a costs judge or a district judge to decide the amount of costs to be disallowed or paid.”.

21.  In rule 54.16, in paragraph (1), after “8.6”, insert “(1)”.

22.  In Part 55—

(a) at the end of the list of contents, insert the text as set out in Part I of Schedule 3 to these Rules;

(b) in rule 55.2, in paragraph (2)—

(i) in sub-paragraph (a) omit “and”;

(ii) after sub-paragraph (b) insert—

• “; and

  (c)

  does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides”; and

(iii) omit the cross-reference after sub-paragraph (b); and

(c) at the end, insert Section III (Interim possession orders) as set out in Part II of Schedule 3 to these Rules.

23.  In Part 57—

(a) for the title, substitute “PROBATE AND INHERITANCE”;

(b) at the end of the list of contents, insert the text as set out in Part I of Schedule 4 to these Rules;

(c) in rule 57.1, in paragraph (1)—

(i) at the end of sub-paragraph (b), omit “and”;

(ii) after sub-paragraph (c), insert—

• “; and

  (d)

  claims under the Inheritance (Provision for Family and Dependants) Act 1975(2)”;

• and

  (d)

  at the end, insert Section IV (Claims under the Inheritance (Provision for Family and Dependants) Act 1975) as set out in Part II of Schedule 4 to these Rules.

24.  In rule 62.20—

(a) in paragraph (1), for the words “RSC Order 71, Part I applies in relation to the award as it applies”, substitute—

• “rules 74.1 to 74.7 and 74.9 apply in relation to the award as they apply”;

(b) in paragraph (2)(a), for “country of the original court”, substitute “State of origin”; and

(c) in paragraph (2)(b), for “RSC Order 71, rule 3”, substitute “rule 74.4”.

25.  In rule 62.21—

(a) for paragraph (2), substitute—

“(2) Subject to the provisions of this rule, the following provisions of Part 74 apply with such modifications as may be necessary in relation to an award as they apply in relation to a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933(3) applies—

(a) rule 74.1;

(b) rule 74.3;

(c) rule 74.4(1), (2)(a) to (d), and (4);

(d) rule 74.6 (except paragraph (3)(c) to (e)); and

(e) rule 74.9(2).”;

(b) in paragraph (4), for “RSC Order 71, rule 3”, substitute “rule 74.4”; and

(c) in paragraph (4)(b), for “rule 3(1)(c)(i) and (ii)”, substitute “rule 74.4(2)(a) to (d)”.

26.  After Part 62, insert—

(a) Part 64 (Estates, trusts and charities) as set out in Schedule 5 to these Rules;

(b) Part 68 (References to the European Court) as set out in Schedule 6; and

(c) Part 69 (Court’s power to appoint a receiver) as set out in Schedule 7.

27.  In rule 70.1, in the cross-reference after paragraph (1), omit “, 51”.

28.  In rule 70.5, for paragraph (2) substitute—

“(2) This rule does not apply to—

(a) any judgment to which Part 74 applies; or

(b) arbitration awards.

(Part 74 provides for the registration in the High Court for the purposes of enforcement of judgments from other jurisdictions and European Community judgments.)”.

29.  After Part 73, insert—

(a) Part 74 (Enforcement of judgments in different jurisdictions) as set out in Schedule 8 to these Rules; and

(b) Part 75 (Traffic enforcement) as set out in Schedule 9 to these Rules.

30.  In RSC Order 52, in rule 1(4), for “an order of committal may be made by a single judge of the Queen’s Bench Division” substitute—

• “an order of committal may be made—

  (a)

  on an application under section 88 of the Charities Act 1993(4), by a single judge of the Chancery Division; and

  (b)

  in any other case, by a single judge of the Queen’s Bench Division”.

31.  In RSC Order 77—

(a) in rule 15(1)—

(i) in paragraph (a), for “70” substitute “69”, and

(ii) in paragraph (b), omit “, 51”; and

(b) in rule 16(1), in paragraph (c), for “Order 30 or 51” substitute “CPR Part 69”.

32.  In RSC Order 115, in rule 8(1), for “Order 30, rules 2 to 8” substitute “CPR Part 69”.

33.  In CCR Order 42—

(a) in rule 13(1)—

(i) in paragraph (a), for “70” substitute “69”;

(ii) after paragraph (a), insert “or”;

(iii) at the end of paragraph (b), omit “; or”; and

(iv) omit paragraph (c); and

(b) in rule 14(1), for “RSC Order 30” substitute “CPR Part 69”.

Transitional provisions

34.  Where before 2nd December 2002 proceedings have begun under rule 47.6(1) for the detailed assessment of the costs of a litigant in person, rule 48.6 shall continue to apply to those proceedings as if it had not been amended.

Revocations

35.  CCR Order 48B is revoked.

36.  The Orders set out in column 1 of Schedule 10 are revoked to the extent set out in column 2 of that Schedule.

Phillips of Worth Matravers, M.R.

Andrew Morritt, V-C.

Anthony May, L.J.

Richard Holman

Carlos Dabezies

John Leslie

Michael Black

Michelle Stevens-Hoare

Philip Rainey

David Greene

Tim Parker

Juliet Herzog

Alan Street

Ahmad Butt

I allow these Rules

Irvine of Lairg, C.

23rd July 2002