http://www.legislation.gov.uk/id/uksi/2005/2292

http://www.legislation.gov.uk/uksi/2005/2292/article/6/made

The Civil Procedure (Amendment No.3) Rules 2005

Public holidays

King's Printer of Acts of Parliament

2016-10-06

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

These Rules add the following new provisions to the Civil Procedure Rules 1998—A new rule 3.7A, which provides sanctions for non-payment of fees in respect of counterclaims.A new rule 3.7B, which provides sanction where a cheque tendered in payment of a fee payable on taking a particular step in proceedings is subsequently dishonoured.A new rule 6.11 and 6.11A, in substitution for the existing rule 6.11, which require the court to notify a party (who has requested it to serve a document) if that document is subsequently returned to the court or the court bailiff is unable to serve it.A new rule 19.7B, which makes provision for an application under section 92 of the Postal Services Act 2000 for permission to bring proceedings in the name of the sender or addressee of a postal packet to be made.A new rule 21.11A, which allows a litigation friend to recover reasonable expenses out of a child’s or patient’s funds. Consequential amendments are made to rule 48.5 to capture, for the purposes of assessment, costs payable to the litigation friend (as well as to the solicitor) and costs payable out of a child’s or patient’s funds (as well as those payable directly by the child or patient).A new rule 27.14(2A), which provides that the rejection of an offer to settle in cases on the small claims track does not itself constitute unreasonable behaviour, but may be taken into account when the court considers the reasonableness of the parties' conduct generally.A new rule 32.20, which gives probative force to notarial acts.A new rule 44.13(1A), which provides that where certain categories of order are silent with respect to costs, the order will be deemed to include an order for costs in the case.A new Section V of Part 45, which makes provision for personal injury claims against an employer relating to a disease. The Section makes provision for fixed percentage increases to apply to legal representative’s fees in respect of success fees, where the claimant has entered into a conditional fee agreement or collective conditional fee agreement which provides for a success fee. Consequential amendment is made to rule 45.20, to differentiate Section IV and Section V claims.A new rule 55.10A, which enables a practice direction to make provision for a claimant to start certain types of possession claim in certain courts by requesting the issue of a claim form electronically.A new rule 60.7 which clarifies the position in the Technology and Construction Court that parties will draw up orders, unless the court orders otherwise. Similar provision is made for the Queen’s Bench Division at the Royal Courts of Justice, by an amendment to rule 40.3.A new rule 63.4A, which makes provision to secure that as far as practicable and appropriate, proceedings in the patents county court are dealt with by the patents judge. Consequential amendment is made to rule 63.1 to introduce a definition of patents judge.A new Part 66, which replaces RSC Order 77 and CCR Order 42. The amendments revoke the Crown’s privileges in determining the venue of civil proceedings and in transferring civil proceedings from the county courts to the High Court. They also revoke procedural powers concerning the content of claim forms, default judgments, summary judgments and interrogatories in civil proceedings by or against the Crown. Consequential amendments are made to rule 6.1 (Rules about service), rule 6.4 (Personal service), rule 6.5 (Address for service), rule 12.4 (Procedure for obtaining default judgment), rule 12.10 (Default judgment obtained by making an application), rule 16.2 (Contents of the claim form), rule 19.4 (Procedure for adding and substituting parties), rule 24.4 (Procedure for obtaining summary judgment) and rule 30.3 (Criteria for transfer order). RSC Order 77, CCR Order 42 and CCR Order 49, rule 15 are revoked. Amendments to the Crown Proceedings Act 1947 are made by the Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005.A new Section V of Part 74, which makes provision for the certification of judgments of the courts of England and Wales as European Enforcement Orders, and for the recognition and enforcement in England and Wales of judgments of other Contracting States that have been certified as European Enforcement Orders, under Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims (Official Journal L 143, 30/04/2004 P. 0015 – 0039). Consequential amendments are made to rule 74.1.

Amendment to the Civil Procedure Rules 19986

After rule 3.7 insert—

3.7A
1
This rule applies where a defendant files a counterclaim without—
a
payment of the fee specified by the relevant Fees Order; or
b
making an application for an exemption from or remission of the fee.
2
The court will serve a notice on the defendant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the defendant has not paid it or made an application for exemption or remission.
3
The notice will specify the date by which the defendant must pay the fee.
4
If the defendant does not—
a
pay the fee; or
b
make an application for an exemption from or remission of the fee,
by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
5
Where an application for exemption from or remission of a fee is refused, the court will serve notice on the defendant requiring payment of the fee by the date specified in the notice.
6
If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
7
If—
a
the defendant applies to have the counterclaim reinstated; and
b
the court grants relief,
the relief will be conditional on the defendant either paying the fee or filing evidence of exemption from payment or remission of the fee within the period specified in paragraph (8).
8
The period referred to in paragraph (7) is—
a
if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;
b
in any other case, 7 days from the date of service of the order on the defendant.