http://www.legislation.gov.uk/id/uksi/2002/2058/schedule/1

http://www.legislation.gov.uk/uksi/2002/2058/schedule/1/paragraph/6.32/made

The Civil Procedure (Amendment) Rules 2002

Trusts

King's Printer of Acts of Parliament

2018-02-20

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

These Rules make amendments to the Civil Procedure Rules 1998. In particular the following new provisions are inserted:A new rule 5.5 which provides for a practice direction to make provision for documents to be filed or sent to the court by facsimile or other electronic means (Rule 4).Section IV of Part 6, to provide for the service, in England and Wales, of foreign process (Rule 5 and Schedule 1). These matters have until now been governed by Order 69 of the Rules of the Supreme Court in Schedule 1 to the Civil Procedure Rules (“RSC”), which is now revoked.A new rule 19.7A which deals with the representation of beneficiaries by trustees (Rule 6). This rule replaces RSC Order 15, rule 14, which is revoked.Section II of Part 34, to provide for the obtaining, in England and Wales, of evidence for foreign courts (Rule 12 and Schedule 2). These matters have until now been governed by RSC Order 70, which is revoked.Section III of Part 55, in relation to applications for Interim Possession Orders (Rule 22 and Schedule 3). Such applications have until now been governed by Order 24, rules 8 to 15 of the County Court Rules in Schedule 2 to the Civil Procedure Rules (“CCR”), which are now revoked.Section IV of Part 57, dealing with claims under the Inheritance (Provision for Family and Dependants) Act 1975 (Rule 23 and Schedule 4). These proceedings have until now been governed by RSC Order 99, which is now revoked.Part 64, dealing with claims relating to the administration of estates and trusts, and charity proceedings (Rule 26 and Schedule 5). These proceedings have until now been governed by RSC Orders 85 and 108, which are now revoked.Part 68, setting out the procedure for courts to seek preliminary rulings from the Court of Justice of the European Communities (Rule 26 and Schedule 6). The procedure has until now been governed by RSC Order 114 which is now revoked.Part 69, dealing with the court’s power to appoint a receiver (Rule 26 and Schedule 7). These proceedings have until now been governed by RSC Orders 30 and 51, which are now revoked.Part 74, dealing with the enforcement in England and Wales of judgments from abroad, the enforcement abroad of judgments of courts in England and Wales, the enforcement in England and Wales, Scotland and Northern Ireland of judgments made in other jurisdictions, and the enforcement of European Community judgments (Rule 29 and Schedule 8). These matters have until now been governed by RSC Order 71, which is now revoked.Part 75, dealing with Traffic Enforcement (where traffic penalties are recoverable through the civil courts) (Rule 29 and Schedule 9). These matters have until now been governed by CCR Order 48B, which is now revoked.

SCHEDULE 1

PART IIIV—SERVICE OF FOREIGN PROCESS

Scope and definitions6.32

1

This Section of this Part—

a

applies to the service in England or Wales of any court process in connection with civil or commercial proceedings in a foreign court or tribunal; but

b

does not apply where the Service Regulation applies.

(The Service Regulation is annexed to the relevant practice direction)

2

In this Section—

a

“convention country”—

i

means a foreign country in relation to which there is a civil procedure convention providing for service in that country of process of the High Court; and

ii

includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at the Hague on 15 November 1965; and

b

“process server” means—

i

a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or

ii

his authorised agent.