The Civil Procedure (Amendment No. 4) Rules 2003

Explanatory Note

(This note is not part of the Rules)

These Rules insert the following new rules into the Civil Procedure Rules 1998:

• Section III of Part 34, which makes provision about the procedure for requesting evidence to be taken in a State to which Council Regulation (EC) No. 1206/2001 on co-operation between the courts of the Member States of the European Union in the taking of evidence in civil or commercial matters applies, and for dealing with requests by the courts of Regulation States for evidence to be taken in England and Wales;

• Section II of Part 45, which introduces a scheme providing that only specified fixed costs are to be recoverable, other than in exceptional circumstances, where costs-only proceedings are issued under rule 44.12A in relation to disputes arising out of road traffic accidents occurring on or after 6th October 2003 which are settled for an amount of agreed damages not exceeding £10,000;

• Section III of Part 52, which prescribes the procedure for applications to the Court of Appeal or the High Court to reopen the final determination of an appeal or application for permission to appeal; and

• Section IV of RSC Order 115, in Schedule 1 to the Rules, which prescribes the procedure for the registration in the High Court for enforcement of orders of the International Criminal Court for the payment of fines, forfeitures and reparations.

The opportunity has also been taken to make a number of minor and consequential amendments to the rules currently in force, and to revoke certain provisions of the RSC and CCR rules in Schedules 1 and 2.