The Civil Procedure (Modification of Enactments) Order 2003

Statutory Instruments

2003 No. 490

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Modification of Enactments) Order 2003

Made

4th March 2003

Laid before Parliament

4th March 2003

Coming into force

1st April 2003

The Lord Chancellor, in exercise of the power conferred upon him by section 4(1) of the Civil Procedure Act 1997(1), makes the following Order—

1.  This Order may be cited as the Civil Procedure (Modification of Enactments) Order 2003 and shall come into force on 1st April 2003.

2.  In article 4 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000(2), for sub-paragraphs (a) and (b), substitute—

“(a) in a claim made under Part 7 of the Civil Procedure Rules 1998(3) and allocated to the multi-track under those Rules; or

(b) made in proceedings under the Companies Act 1985(4) or the Companies Act 1989(5) or to which Sections I, II or III of Part 57 or any of Parts 58 to 63 of the Civil Procedure Rules 1998 apply.”.

Irvine of Lairg, C.

Dated 4th March 2003

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order amends article 4 of the Access to Justice Act 1999 (Destination of Appeals) Order 2000 in two ways.

Sub-paragraph (a) of article 4 at present provides that an appeal will lie to the Court of Appeal in a claim which has been allocated to the multi-track under three specified rules of the Civil Procedure Rules. The amendment provides that where a claim is allocated to the multi-track under any provision of those Rules, an appeal will lie to the Court of Appeal.

Sub-paragraph (b) of article 4 provides that an appeal in specialist proceedings will lie to the Court of Appeal. With the exception of proceedings under the Companies Acts 1985 and 1989, such specialist proceedings are now contained in Sections I, II and III of Part 57 and in Parts 58 to 63 of the Civil Procedure Rules.

(1)

1997 c. 12.

(2)

S.I. 2000/1071, as amended by S.I. 2002/439.

(3)

S.I. 1998/3132. There are relevant amendments in S.I. 2000/1317, S.I. 2000/2092, S.I. 2001/1388, S.I. 2001/4015, S.I. 2002/2058 and S.I. 2002/3219.

(4)

1985 c. 6.

(5)

1989 c. 40.