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1. These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2002 and shall come into force on 1st April 2003.
2. In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(1).
3. In rule 25.13(2)—
(a)for sub-paragraph (a) substitute—
“(a)the claimant is—
(i)resident out of the jurisdiction; but
(ii)not resident in a Brussels Contracting State, a Lugano Contracting State or a Regulation State, as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982(2);”;
(b)omit sub-paragraph (b).
4. In rule 36.6—
(a)for paragraph (3) substitute—
“(3) The offeror must—
(a)serve the Part 36 payment notice on the offeree; and
(b)file a certificate of service of the notice.”; and
(b)omit paragraph (4).
5. In rule 37.1, for paragraph (1) substitute—
“(1) A party who makes a payment into court under a court order must—
(a)serve notice of the payment on every other party; and
(b)in relation to each such notice, file a certificate of service.”.
6. In Part 49, in paragraph (2), omit sub-paragraph (d).
7. In rule 56.4—
(a)at the end of sub-paragraph (c) omit “and”; and
(b)after sub-paragraph (d) insert—
“; and
(e)the Commonhold and Leasehold Reform Act 2002(3)”.
8. After Part 62, insert Part 63 (Patents and other Intellectual Property Claims) as set out in the Schedule to these Rules.
Phillips of Worth Matravers, M.R.
Andrew Morritt, V-C.
Anthony May, L.J.
Stephen Oliver-Jones
Carlos Debezies
Steven Whitaker
Philip Rainey
Juliet Herzog
Alan Street
Ahmad Butt
I allow these Rules
Irvine of Lairg, C.
Dated 14th December 2002
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