The Civil Procedure (Amendment No. 5) Rules 2015

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend rule 26.2A of the Civil Procedure Rules 1998 (CPR) (SI 1998/3132), to provide that, in the County Court, if a defendant is an individual, their claim will only be sent to the defendant’s home court (defined in Part 2 of the CPR) if the claim is for a specified sum of money. In all other cases, the claim will be sent to the preferred hearing centre (also defined in Part 2 of the CPR). Previously, if a defendant was an individual, their claim would be sent to the defendant’s home court irrespective of whether the claim was for a specified or unspecified sum of money. These provisions remain subject to the exceptions in rule 26.2A(5) which enable an individual defendant or a claimant, as appropriate, to specify on their directions questionnaire an alternative County Court hearing centre to which the claim should be sent, but this provision has been amended to aid clarity. Further amendments replace the term “preferred court” with “defendant’s home court” and “preferred hearing centre”, as appropriate, to ensure the use of correct terminology.