The Civil Procedure (Amendment No.4) Rules 2005

Explanatory Note

(This note is not part of the Rules)

These Rules introduce a revised Part 20, changing the term “Part 20 claim” to “Additional Claim”.

In addition the following amendments are made—

• to rule 2.1, consequential upon implementation of the Adoption and Children Act 2002.

• to rules 6.2, 6.5, 6.7, 55.13 and 75.3, to permit service by an equivalent method to first class post.

• to rule 16.2, to amend the information to be contained in the claim form.

• to rules 25.1 and 25.2, consequential upon implementation of the Council Directive (EC) 2004/48 on the enforcement of intellectual property rights.

• to rule 30.5, to clarify that transfers into or out of a specialist list are dealt with by a judge of that list. Consequential amendments are made to rules 58.4, 59.3, 61.2 and 62.3.

• to rule 40.2, to require a judge to explain the routes of appeal where the losing party seeks permission to appeal and to state the prescribed route of appeal in the order granting permission.

• to rule 44.16, consequential upon the revocation of the Conditional Fee Agreements Regulations 2000 and the Collective Conditional Fee Agreements Regulations 2000.

• to the provisions of Section III of Part 54 relating to the representation of applicants and service of documents on appellants, to ensure greater consistency with the Asylum and Immigration Tribunal (Procedure) Rules 2005. The requirement of CPR 54.29(2) to file all relevant documents with the application notice is also disapplied so long as the filter provision applies.

• to Part 63, so that all claims brought under that Part are allocated to the multi-track.

Minor amendments are also to made to Part 52.

The amendments will come into force on 6^th April 2006.