The Civil Procedure (Amendment) Rules 2017

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (CPR) (S.I. 1998/3132), by—

• introducing new rules 3.7A1 and 3.7AA, and consequential and related drafting amendments, in relation to the sanction for non-payment of the trial fee (rules 5(1) to (9), 6 and 7(3));

• amending rules 3.15 and 3.18 to ensure that costs management and budgeting operate as intended, in the light of the decision of the Court of Appeal in SARPD Oil International Limited v. Addax Energy SA and another [2016] EWCA Civ. 120 (rule 5(10) and (11));

• amending rules 45.29B to 45.29E to make it clear that the fixed costs provided for in those rules do not apply to cases in the multi-track, in the light of the decision of the Court of Appeal in Qader and others v. Esure Services Limited [2016] EWCA Civ 1109 (rule 8(1) to (4));

• substituting a new Section VII of Part 45, and inserting a new rule 52.19A, to change the rules governing costs protection in certain environmental claims (rules 8(5) and 9);

• amending Part 61 to reflect the availability of electronic track data (as defined in the amended rule) and the need to alter the existing procedure in the light of that availability (rule 10);

• making technical amendments in relation to intellectual property proceedings which correct a cross-reference and ensure that a reference is included to appeals in registered design cases (rule 11);

• amending Part 68 (concerning preliminary references to the Court of Justice of the EU) in the light of suggestions made by litigators involved in such cases, and by the Court itself (rule 12).

They also make transitional provision (rule 13).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.