The Civil Procedure (Amendment No. 5) Rules 2001

Amendments to the Civil Procedure Rules 1998

35.  In RSC Order 71—

(a) in rule 32(2), after “6.25” insert “, 6.26”;

(b) for rule 33, substitute—

“Rule 33.— (1) An appeal under Article 37 or Article 40 of Schedule 1 or 3C to the Act of 1982 must be made in accordance with CPR Part 52, except that—

(a) permission is not required; and

(b) the appellant’s notice must be served—

(i) in the case of an appeal under Article 37 of Schedule 1 or 3C to the Act of 1982, within one month of service of notice of registration of the judgment, or two months of service of such notice where that notice was served on a party not domiciled within the jurisdiction;

(ii) in the case of an appeal under Article 40 of Schedule 1 or 3C to the Act of 1982, within one month of the determination of the application under rule 27.

(2) If—

(a) the party against whom judgment was given is not domiciled in a Convention territory, and

(b) an application to extend the time for appealing is made within two months of service of notice of registration,

the court may extend the period within which an appeal may be made against the order for registration, except on the grounds of distance.”;

(c) in rule 36, in paragraph (2)(b), for the words from “any document” to the end, substitute—

“any document showing that for these proceedings the applicant is an assisted person or an LSC funded client, as defined in CPR rule 43.2(1)(h) and (i)”; and

(d) after Part IV, insert Part V as set out in Schedule 7 to these Rules.