The Civil Procedure (Amendment) Rules 2008

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules—

• amend rules 3.7, 36.10, 38.6, 38.8, 43.2, 44.1, 44.12, 44.13, 47.5, 47.11, 47.12, 47.15, 47.16 and 47.18 and insert a new rule 44.3C to provide for applications for orders in respect of pro bono representation under section 194 of the Legal Services Act 2007;

• substitute a new Part 6 (service of documents) and make consequential amendments to rules 2.3(1), 7.4(3), 7.5, 7.6, 10.3(2), 10.5, 12.3(3), 12.4(4), 12.10, 12.11, 13.3, 14.2, 15.4(2), 16.5, 20.13, 21.1, 21.5, 21.8, 26.3, 40.4, 42.2, 45.5, 54.28B, 55.8, 55.23, 56.3, 57.4, 57.16, 58.6, 58.10, 59.5, 59.9, 61.4, 61.11, 62.5, 62.16, 62.18, 62.20, 63.16, 65.18, 74.6, RSC Order 115 rules 17 and 33, CCR Order 27 rules 5 and 17, CCR Order 28 rules 2 and 3, CCR Order 29 rule 1 and CCR Order 33 rule 4;

• amend rules 36.9 and 36.15 to provide for the recovery of lump sum payments under the Social Security (Recovery of Benefits) Act 1997 (as modified by the Social Security (Recovery of Benefits)(Lump Sum Payments) Regulations 2008) where there is an offer to settle under Part 36;

• amend rule 52.3(4A) to enable the Court of Appeal where it refuses permission to appeal without a hearing in family proceedings (as defined by section 32 of the Matrimonial and Family Proceedings Act 1984) to order, if it considers that application to be totally without merit, that the person seeking permission may not request the decision to be reconsidered at a hearing. Previously family proceedings had been excluded from this provision;

• amend Part 56 to provide for applications under section 214 of the Housing Act 2004 (tenancy deposit schemes);

• amend Part 65 to remove the provisions relating to drinking banning orders as the relevant provisions of the Violent Crime Reduction Act 2006 have not been implemented;

• insert a new Part 78. Section I of Part 78 contains rules about European orders for payment made under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. Section II of Part 78 contains rules about the European small claims procedure under Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure; and

• amend rules 7.2, 8.1, 74.31, 74.32 and 74.33 as a consequence of the new Part 78.