The Civil Procedure (Amendment) Rules 2009

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2009.

(2) Except as provided in paragraph (3), these Rules come into force on 1st October 2009.

(3) Rule 13 of these Rules comes into force on 31st August 2009.

2.  In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(1);

(b) a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and

(c) a reference to an Order by number and prefixed “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998

3.  In Part 6—

(a) in rule 6.3—

(i) in paragraph 2(b), for “set out in the Companies Act 1985(2) or” substitute “permitted under”; and

(ii) in paragraph 3(b) for “set out in section 725 of the Companies Act 1985.” substitute “permitted under the Companies Act 2006(3) as applied with modification by regulations made under the Limited Liability Partnerships Act 2000(4).”;

(b) in rule 6.20—

(i) in paragraph 2(b), for “set out in the Companies Act 1985 or” substitute “permitted under”; and

(ii) in paragraph 3(b) for “set out in section 725 of the Companies Act 1985.” substitute “permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.”; and

(c) in rule 6.52(2)(a), for “Supreme Court” substitute “Senior Courts”.

4.  In rule 34.19(2)(a), for “Supreme Court” substitute “Senior Courts”.

5.  In Part 35—

(a) in the table of contents, for “Interpretation” insert “Interpretation and definitions”;

(b) for rule 35.2 substitute—

“Interpretation and definitions

35.2.— (1) A reference to an ‘expert’ in this Part is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings.

(2) ‘Single joint expert’ means an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.”;

(c) for rule 35.3(1) substitute “It is the duty of experts to help the court on matters within their expertise”;

(d) in rule 35.3(2), for “he has received instructions or by whom he is paid” substitute “experts have received instructions or by whom they are paid.”;

(e) for rule 35.4(2) substitute—

“(2) When parties apply for permission they must identify—

(a) the field in which expert evidence is required; and

(b) where practicable, the name of the proposed expert.”;

(f) in rule 35.4(3) omit “under this rule”;

(g) after rule 35.4(3) insert—

“(3A) Where a claim has been allocated to the small claims track or the fast track, if permission is given for expert evidence, it will normally be given for evidence from only one expert on a particular issue.

(Paragraph 7 of practice direction 35 sets out some of the circumstances the court will consider when deciding whether expert evidence should be given by a single joint expert.)”

(h) for rule 35.4(4) substitute—

“(4) The court may limit the amount of a party’s expert’s fees and expenses that may be recovered from any other party.”;

(i) in rule 35.5(2), after “If a claim is on the” insert “small claims track or the”;

(j) in rule 35.6—

(i) for paragraph (1) substitute—

“(1) A party may put written questions about an expert’s report (which must be proportionate) to—

(a) an expert instructed by another party; or

(b) a single joint expert appointed under rule 35.7.”; and

(ii) in paragraph (4)(a) omit “in accordance with this rule”;

(k) for rule 35.7 substitute—

“Court’s power to direct that evidence is to be given by a single joint expert

35.7.— (1) Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.

(2) Where the parties who wish to submit the evidence (“the relevant parties”) cannot agree who should be the single joint expert, the court may—

(a) select the expert from a list prepared or identified by the relevant parties; or

(b) direct that the expert be selected in such other manner as the court may direct.”;

(l) in rule 35.8(1), for “each instructing” substitute “any relevant”;

(m) for rule 35.8(2) substitute—

“(2) When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.”;

(n) in rule 35.8(4)(b), for “the instructing” substitute “some or all of the relevant”;

(o) in rule 35.8(5), for “instructing” substitute “relevant”;

(p) in rule 35.9, for “available to the other party” substitute “available to another party”;

(q) in rule 35.10—

(i) in paragraph (1) for “the relevant practice direction” substitute “practice direction 35”;

(ii) for paragraph (2) substitute—

“(2) At the end of an expert’s report there must be a statement that the expert understands and has complied with their duty to the court.”;

(r) for rule 35.12(3) substitute—

“(3) The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which—

(a) they agree; and

(b) they disagree, with a summary of their reasons for disagreeing.”;

(s) in rule 35.14—

(i) for paragraph (1) substitute—

“(1) Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.”; and

(ii) for paragraph (2) substitute—

“(2) Experts must, unless the court orders otherwise, provide copies of the proposed requests for directions under paragraph (1)—

(a) to the party instructing them, at least 7 days before they file the requests; and

(b) to all other parties, at least 4 days before they file them.”; and

(t) for rule 35.15 substitute—

“Assessors

35.15.— (1) This rule applies where the court appoints one or more persons under section 70 of the Senior Courts Act 1981(5) or section 63 of the County Courts Act 1984(6) as an assessor.

(2) An assessor will assist the court in dealing with a matter in which the assessor has skill and experience.

(3) An assessor will take such part in the proceedings as the court may direct and in particular the court may direct an assessor to—

(a) prepare a report for the court on any matter at issue in the proceedings; and

(b) attend the whole or any part of the trial to advise the court on any such matter.

(4) If an assessor prepares a report for the court before the trial has begun—

(a) the court will send a copy to each of the parties; and

(b) the parties may use it at trial.

(5) The remuneration to be paid to an assessor is to be determined by the court and will form part of the costs of the proceedings.

(6) The court may order any party to deposit in the court office a specified sum in respect of an assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.

(7) Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament.”.

6.  In rule 43.2(1)—

(a) In sub-paragraph (b) for “Supreme Court” substitute “Senior Courts”;

(b) after sub-paragraph (b) insert—

“(ba) “Costs Office” means the Senior Courts Costs Office;”;

(c) in sub-paragraph (d)(iv) for “Supreme Court Costs Office” substitute “Costs Office”; and

(d) in sub-paragraph (e) omit “as such”.

7.  In Part 44—

(a) in the table of contents, after the entry “Costs-only proceeding” insert—

“Costs-only proceedings – costs in respect of insurance premium in publication cases

Rule 44.12B”;

(b) in rule 44.3B—

(i) at the beginning of paragraph (1), for “A” substitute “Unless the court orders otherwise, a”;

(ii) in paragraph (1)(c)—

(aa) omit “in the proceedings”; and

(bb) for “he” substitute “that party”;

(iii) in paragraph (1)(d)—

(aa) for “a party” substitute “that party”; and

(bb) for “conditional fee agreement.” substitute “conditional fee agreement;”; and

(iv) after paragraph (1)(d) insert—

“(e) any insurance premium where that party has failed to provide information about the insurance policy in question by the time required by a rule, practice direction or court order.

(Paragraph 9.3 of the Practice Direction (Pre-Action Conduct) provides that a party must inform any other party as soon as possible about a funding arrangement entered into before the start of proceedings.)”;

(c) in rule 44.12A(4), after “(4A)” insert “(and subject to rule 44.12B)”; and

(d) after rule 44.12A insert—

“Costs-only proceedings – costs in respect of insurance premium in publication cases

44.12B.— (1) If in proceedings to which rule 44.12A applies it appears to the court that—

(a) if proceedings had been started, they would have been publication proceedings;

(b) one party admitted liability and made an offer of settlement on the basis of that admission;

(c) agreement was reached after that admission of liability and offer of settlement; and

(d) either—

(i) the party making the admission of liability and offer of settlement was not provided by the other party with the information about an insurance policy as required by the Practice Direction (Pre-Action Conduct); or

(ii) that party made the admission of liability and offer of settlement before, or within 42 days of, being provided by the other party with that information,

no costs may be recovered by the other party in respect of the insurance premium.

(2) In this rule, “publication proceedings” means proceedings for—

(a) defamation;

(b) malicious falsehood; or

(c) breach of confidence involving publication to the public at large.”.

8.  In rule 47.4(2), for “Supreme Court Costs Office” substitute “Costs Office”.

9.  For rule 49 substitute—

“49.   These Rules apply to proceedings under—

(a) the Companies Act 1985(7);

(b) the Companies Act 2006(8); and

(c) other legislation relating to companies and limited liability partnerships,

subject to the provision of the relevant practice direction which applies to those proceedings.”.

10.  In the second parenthesis below rule 52.16(7), for “House of Lords” substitute “Supreme Court”.

11.  In rule 55.10—

(a) for paragraph (2) substitute—

“(2) Within 5 days of receiving notification of the date of the hearing by the court, the claimant must send a notice to—

(a) the property, addressed to “the tenant or the occupier”; and

(b) the housing department of the local authority within which the property is located.”;

(b) in paragraph (3), for “paragraph (2)” substitute “paragraph (2)(a)”;

(c) after paragraph (3) insert—

“(3A) The notice referred to in paragraph 2(b) must contain the information in paragraph (3) and must state the full address of the property.”; and

(d) in paragraph (4)—

(i) in sub-paragraph (a) for “notice” substitute “notices”; and

(ii) in sub-paragraph (b) for “he has served it” substitute “they have been sent”.

12.  For Part 63 substitute Part 63 (Intellectual Property Claims) as set out in Schedule 1 to these Rules.

13.  In Part 65—

(a) in the table of contents, after “Proceedings following arrest    Rule 65.30” insert—

“VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006(9)
Scope of this Section and interpretation	Rule 65.31
Application where the relevant authority is a party in principal proceedings	Rule 65.32
Application where the relevant authority is not a party in principal proceedings	Rule 65.33
Application by a relevant authority to join a person to the principal proceedings	Rule 65.34
Evidence	Rule 65.35
Application for an interim order	Rule 65.36”;

(b) in rule 65.1(e) after “Protection from Harassment Act 1997(10);” omit “and”;

(c) after rule 65.1(e) insert—

“(f) in Section VI, about applications for drinking banning orders and interim drinking banning orders under sections 4 and 9 of the Violent Crime Reduction Act 2006; and”; and

(d) after rule 65.30, insert Section VI (Drinking Banning Orders under the Violent Crime Reduction Act 2006) as set out in Schedule 2 to these Rules.

14.  In Part 68—

(a) in the table of contents—

(i) for “Making of order of reference” substitute “Making of order”; and

(ii) after the entry “Making of order” so inserted, insert the entry—

“Request to apply the urgent preliminary ruling procedure    Rule 68.2A”;

(b) in rule 68.1—

(i) in sub-paragraph (c)(v), after “Contractual Obligations”, for “.” substitute “; and”; and

(ii) after sub-paragraph (c) insert—

“(d) “reference” means a request to the European Court for a preliminary ruling”;

(c) in the heading to rule 68.2 omit “of reference”;

(d) in rule 68.2(3), for “The request to the European Court for a preliminary ruling” substitute “The reference, which must contain the information required by the practice direction supplementing this Part,”;

(e) after rule 68.2 insert—

“Request to apply the urgent preliminary ruling procedure

68.2A.   Any request by the court to the European Court that the preliminary ruling be dealt with under its urgent preliminary ruling procedure must be made in a document separate from the order or in a covering letter.”; and

(f) in rule 68.3—

(i) for paragraph (1) substitute—

“(1) The Senior Master will send a copy of—

(a) the order; and

(b) where relevant, any request to apply the urgent preliminary ruling procedure

to the Registrar of the European Court.”; and

(ii) in paragraph (2), for “the proper officer” substitute “a court officer”.

15.  In Part 74—

(a) for rule 74.6(1)(b) substitute—

“(b) by any of the methods of service permitted under the Companies Act 2006; or”;

(b) in rule 74.15(2), for “Supreme Court” substitute “Senior Courts”; and

(c) in rule 74.25(1), for “Supreme Court” substitute “Senior Courts”.

16.  In Part 76—

(a) for rule 76.10(2)(b) substitute—

“(b) unless the court otherwise directs—

(i) in the case of directions given under section 3(2)(c), that date must be no later than 7 days from the date on which the notice of the terms of the control order is delivered to the controlled person in accordance with section 7(8) of the Act; or

(ii) in the case of directions given under section 3(6)(b) or (c), that date must be 7 days from the date on which the court’s determination on the reference is made.”;

(b) for rule 76.19(4) substitute—

“(4) References in this rule—

(a) to an order requiring anonymity for the controlled person are to be construed in accordance with paragraph 5(3) of the Schedule to the Act; and

(b) to the controlled person, in relation to a time before the control order has been made, are to be construed in accordance with paragraph 5(4) of the Schedule to the Act.”;

(c) in rule 76.24(b), before “cross-examining” insert “adducing evidence and”; and

(d) in rule 76.26, after paragraph (5) insert—

“(5A) A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.”.

17.  In the heading to Part 79 omit “Financial Restrictions”.

18.  In Part 79—

(a) in the table of contents, after the entry “Supply of court documents” insert the entry—

“5. NOTIFICATION ORDERS
Application for a notification order	Rule 79.31”

(b) in rule 79.1(1)—

(i) at the end of sub-paragraph (a) omit “and”;

(ii) at the end of sub-paragraph (b) for “.” substitute “; and”; and

(iii) after sub-paragraph (b) insert—

“(c) applications for a notification order under Schedule 4 to the Counter-Terrorism Act 2008(11).”;

(c) in rule 79.15, for “79.1(1)” substitute “79.1(1)(a) and (b)”;

(d) in rule 79.17(1), after “All proceedings to which” insert “Section 2 or 3 of”;

(e) in rule 79.18—

(i) in paragraph (1), after “in proceedings to which” insert “Section 2 or 3 of”; and

(ii) in paragraph (3), after “any proceedings to which” insert “Section 2 or 3 of”;

(f) in rule 79.22—

(i) in paragraph (1), after “any proceedings to which” insert “Section 2 or 3 of”;

(ii) in paragraph (2), after “Subject to the other rules in” insert “Section 2, 3 and this Section of”; and

(iii) after paragraph (4) insert—

“(4A) A special advocate is entitled to adduce evidence and to cross-examine witnesses.”;

(g) in rule 79.23—

(i) in paragraph (1)(a), after “in the proceedings to which” insert “Section 2 or 3 of”;

(ii) in paragraph (3), after “the proceedings to which” insert “Section 2 or 3 of”; and

(iii) in paragraph (4), after “the proceedings to which” insert “Section 2 or 3 of”;

(h) in rule 79.28(1), after “in any proceedings to which” insert “Section 2 or 3 of”;

(i) in rule 79.29(1), after “in any proceedings to which” insert “Section 2 or 3 of”;

(j) in rule 79.30, after “to any proceedings to which” insert “Section 2 or 3 of”; and

(k) after rule 79.30 insert—

“SECTION 5 NOTIFICATION ORDERS

Applications for a notification order

79.31.— (1) An application for a notification order under Schedule 4 to the Act must be made in accordance with Part 8.

(2) Where the defendant wishes to serve a notice under paragraph 2(4) of Schedule 4 to the Act, the defendant must file and serve the notice with an acknowledgment of service not more than 14 days after service of the claim form.”.

19.  In RSC Order 46, rule 6(6)(d), for “Supreme Court” substitute “Senior Courts”.

20.  In RSC Order 79, rule 9(11), in the three places where it occurs, for “House of Lords” substitute “the Supreme Court”.

21.  In RSC Order 109—

(a) in rule 1(1)—

(i) in sub-paragraph (a), for “House of Lords” substitute “Supreme Court”; and

(ii) in sub-paragraph (b), for “House of Lords” substitute “Supreme Court”;

(b) in rule 3(1), in the two places where it occurs, for “House of Lords” substitute “Supreme Court”; and

(c) in rule 4—

(i) in paragraph (1), in the two places where it occurs, for “House of Lords” substitute “Supreme Court”; and

(ii) in paragraph (2) for “House of Lords” substitute “the Supreme Court”.

22.  In CCR Order 1, rule 6(d), for “Supreme Court” substitute “Senior Courts”.

Transitional Provision

23.  The amendments made by rule 7 of these Rules to Part 44 do not apply to proceedings where the insurance policy was taken out before the 1st October 2009 and Part 44 in force immediately before that date will continue to apply to those proceedings as if that Part had not been amended.

Clarke of Stone-cum-Ebony, M.R.

Martin Moore-Bick, L.J.

Rupert Jackson, L.J.

Michael Briggs, J.

HHJ Stephen Stewart Q.C.

District Judge Robert Hill

District Judge Suzanne Burn

William Featherby Q.C.

David di Mambro

Richard Walford

Katy Peters

Qasim Nawaz

David Grant

Peter Candon

I allow these Rules

Signed by authority of the Lord Chancellor

Claire M Ward

Parliamentary Under Secretary of State

Ministry of Justice

28th July 2009