The Civil Procedure (Amendment No. 4) Rules 2004

Explanatory Note

(This note is not part of the Rules)

These Rules add the following new provisions to the Civil Procedure Rules 1998 (“the Rules”)—

• A new Section I of Part 45, in substitution for the existing Section I, which rationalises the provisions on fixed costs by incorporating the provisions of the former Rules of the Supreme Court and County Court Rules in Schedules I and II to the Rules, RSC Order 62 and CCR Order 38 (which are revoked by rule 15). The new Section I also extends the fixed costs regime to High Court possession claims under Part 55 which are not currently subject to fixed costs and applies fixed costs to demotion claims under Part 65.

• A new Part 67, which makes provision about certain types of proceedings against solicitors, including applications for a solicitor to deliver a bill or cash account; applications relating to money or securities held by a solicitor for a client; applications for the assessment of a solicitor’s costs; and proceedings relating to intervention by the Law Society in a solicitor’s practice. Part 67 replaces the former Rules of the Supreme Court in Schedule I to the Rules, RSC Order 106, which is revoked.

In addition, the following amendments are made:

• Rule 22.1 is amended to provide that a certificate of service must be verified by a statement of truth, and that such a statement shall verify the belief of the person who signs the certificate;

• Rule 25.7 is amended in respect of the categories of defendant against whom an interim payment order may be made;

• Rule 45.7(1) is amended to clarify that the fixed recoverable costs regime comprised in Part 45, Section II should be followed where the court’s approval of a settlement in favour of an infant is required. Consequential amendments are made to rules 21.10, 44.12A, 45.7, 45.14 and 48.5;

• Rule 45.18(2)(c) is amended to clarify the circumstances in which a party may apply for an alternative percentage increase where the parties have agreed damages of £500,000 or less.

The opportunity has also been taken to make a number of other minor amendments to the Rules currently in force.

The amendments will come into force on 1st April 2005.