The Civil Procedure (Amendment No.2) Rules 2010

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend the Civil Procedure Rules 1998 in that they—

• amend rule 31.22, by inserting a new paragraph (4), to provide that an Electronic Documents Questionnaire which has been served by another party is to be treated as if it is a document which has been disclosed;

• amend rule 55.10 and CCR Order 26, rule 17 in Schedule 2 to the Civil Procedure Rules to reflect the requirement of the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (S.I. 2010/1809) for notice to have been given to any occupiers of a dwelling-house before a warrant of possession can be applied for;

• insert a new Section V in Part 63 to include provisions about the procedure for claims in a patents county court. Consequential amendments are also made to Part 45;

• insert a new Section VIII in Part 65 to include provisions for injunctions under Part 4 of the Policing and Crime Act 2009. Consequential amendments are also made to Part 30 and Part 52;

• insert a new Section 2 in Part 77 in order to transfer from Schedule 1 to the Civil Procedure Rules into the main body of the Civil Procedure Rules the provisions contained in RSC Order 116. The provisions transferred relate to applications under the Criminal Procedure and Investigations Act 1996 for an order to quash a tainted acquittal; and

• amend Part III of RSC Order 115 in Schedule 1 to the Civil Procedure Rules by inserting provisions relating to domestic freezing order certificates and overseas freezing orders following amendments to Schedule 4 to the Terrorism Act 2000 by Schedule 4 to the Crime (International Co-operation) Act 2003.