The Civil Procedure (Amendment No. 3) Rules 2018

Statutory Instruments

2018 No. 975 (L. 9)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment No. 3) Rules 2018

Made

28th August 2018

Laid before Parliament

6th September 2018

Coming into force

1st October 2018

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules under section 1 of that Act and after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules.

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2018 and come into force on 1st October 2018.

(2) In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(2).

Amendments to the Civil Procedure Rules 1998

2.  The Civil Procedure Rules 1998 are amended in accordance with Rules 3 to 7 of these Rules.

Amendment of Part 1

3.  In Part 1—

(a) in the table of contents, after the entry for rule 1.4 insert—

“The Welsh language

Rule 1.5”; and

(b) after rule 1.4 insert—

“The Welsh language

1.5.— (1) Nothing in the overriding objective undermines the principles provided by the Welsh Language (Wales) Measure 2011(3) that the Welsh language has official status in Wales or by the Welsh Language Act 1993(4) that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.

(2) The parties are required to assist the court to put into effect the principles set out in paragraph (1).”.

Amendment of Part 5

4.  In Part 5—

(a) in the table of contents, for the entry for rule 5.4 substitute—

“Register of claims Supply of documents to a party from court records Supply of documents to a non-party from court records Supply of documents from court records – general Filing and sending documents Documents in the Welsh language

Rule 5.4 Rule 5.4B Rule 5.4C Rule 5.4D Rule 5.5 Rule 5.6”; and

(b) after rule 5.5 insert—

“Documents in the Welsh language

5.6.— (1) Any document placed before the court in civil proceedings in or having a connection with Wales may be in the English or Welsh language.

(2) It is the responsibility of any party if acting in person or of that party’s legal representative to inform the court as soon as practicable if documents in the Welsh language will or may be placed before the court, so that appropriate arrangements can be made.”.

Insertion of new Part 57A

5.  After Part 57, insert Part 57A as set out in the Schedule to these Rules.

Amendment of Part 65

6.  In Part 65—

(a) omit rules 65.2 to 65.7; and

(b) in rule 65.47—

(i) in the heading, at the end insert “and under the 2014 Act(5)”; and

(ii) omit paragraph (5) and the words in parentheses which follow it.

Amendment of Part 81

7.  In rule 81.4, after paragraph (5) insert—

“(6) Proceedings in the County Court (whether by way of an application or pursuant to the exercise of a power of arrest) to commit a person for breach of an injunction (or of an undertaking given instead of an injunction) may, save where any rule or practice direction provides otherwise, be dealt with by a District Judge.”.

Amendment of Part 83

8.  In rule 83.2(3)(e), after “has been fulfilled” insert “(other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money)”.

The Right Honourable Sir Terence Etherton, MR

Lord Justice Coulson

Mr Justice Birss

Mr Justice Kerr

Master Cook

His Honour Judge Milwyn Jarman

His Honour Judge Martin McKenna

District Judge Michael Hovington

John Dagnall

Richard Viney

Brett Dixon

Andrew Underwood

Lizzie Iron

I allow these Rules

Signed by authority of the Lord Chancellor

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

28th August 2018

Rule 5

SCHEDULE

“PART 57A BUSINESS AND PROPERTY COURTS

Contents of this Part
The Business and Property Courts	Rule 57A.1
Courts and lists	Rule 57A.2
Application of the Civil Procedure Rules	Rule 57A.3

The Business and Property Courts

57A.1.— (1) The courts listed in paragraph (2) together constitute the Business and Property Courts.

(2) The courts referred to in paragraph (1) are—

(a) the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court, the Circuit Commercial Court and the Admiralty Court located in the Royal Courts of Justice, Rolls Building; together with

(b) the Chancery Division of the High Court, the Technology and Construction Court and the Circuit Commercial Courts in the District Registries of the High Court specified in Practice Direction 57AA – Business and Property Courts.

Courts and lists

57A.2.   The work of the Business and Property Courts is divided and listed into the courts or lists specified in Practice Direction 57AA – Business and Property Courts.

Application of the Civil Procedure Rules

57A.3.   These Rules and their practice directions apply to claims in the Business and Property Courts unless this Part or a practice direction provides otherwise.”

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) for four purposes.

The first purpose, for which two new rules (rule 1.5 and rule 5.6) are inserted, is to make provision to support the principles (established by the Welsh Language (Wales) Measure 2011 and the Welsh Language Act 1993 respectively) that the Welsh language has official status in Wales and that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it. (The opportunity has also been taken to update the contents list of Part 5.)

The second purpose is to include provision reflecting the establishment of the Business and Property Courts, for which a new Part 57A is inserted.

The third purpose is to clarify the power of a District Judge to deal with proceedings to commit a person for breach of an injunction, and to remove provisions which relate to repealed legislation concerning certain injunctions and have no continuing practical application.

The fourth purpose is to amend rule 83.2(3)(e) to alter the permission requirements for the issue of writs or warrants following suspended orders (including suspended possession orders), to remove the requirement for permission where breach of the order was by way of failure to pay money.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.

(1)

1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4, Part 1. Section 1(1) was amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 67(a) and by the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), section 174(2). Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18.

(2)

S.I. 1998/3132. There are relevant amendments in S.I. 2001/1388, S.I. 2002/2058, S.I. 2004/1306, S.I. 2010/1953, 2012/2208, 2014/407.

(3)

2011 nawm 1.

(4)

1993 c. 38.

(5)

Reference to the 2014 Act is to the Anti-social Behaviour, Crime and Policing Act 2014 (c.12).