http://www.legislation.gov.uk/id/uksi/2019/342

http://www.legislation.gov.uk/uksi/2019/342/article/4/made

The Civil Procedure (Amendment) Rules 2019

King's Printer of Acts of Parliament

2019-06-13

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURT, ENGLAND AND WALES

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) by—amending the table of contents to Part 5 to correct an earlier minor drafting omission;amending rule 21.12(1A), to clarify that the restrictions this rule imposes regarding the recoverability of costs and expenses by a litigation friend apply only where the litigation friend acts on behalf of a child and not when they act on behalf of a protected party;amending rule 21.12(8), to clarify that a failure by the parties to agree an amount to be paid in respect of a disbursement of a kind permitted under section II, III or IIIA of Part 45, under which costs are fixed, should not preclude determination of a litigation friend’s application for a payment out of a claimant’s damages under rule 21.12(1);amending Part 39 (Miscellaneous Provisions Relating to Hearings), as part of several changes to reflect more properly the principles of open justice, to include, with minor amendments, provisions previously included in Practice Direction 39A, which will be removed on the date that these Rules come in to force, as well as making a consequential amendment to Part 27;amending Part 61 (Admiralty Claims), in order to, amongst other matters—address the lacuna in the present rules highlighted by The Atlantik Confidence [2014] 1 Lloyd’s Rep 1 586, by creating a mechanism for limitation funds to be constituted by providing security as well as, or in addition to, paying money into court; andmake miscellaneous changes proposed by the Admiralty Court Users Committee, including the addition of definitions of both “Admiralty Judge” and “Admiralty Registrar”, as well as including reference to claims “in personam”, as opposed to what were previously termed “other claims”, to correspond with the statutory language used in the Senior Courts Act 1981 (c.54), and to reform the rules as to costs in collision claims where a party at trial equals or betters certain offers made by them.

Amendment of Part 214

In rule 21.12—

a

in paragraph (1A)—

i

after “Costs recoverable”, insert “in respect of a child”;

ii

in sub-paragraph (a), omit “incurred by or on behalf of a child and”; and

iii

in sub-paragraph (b), omit “by or on behalf of a child”; and

b

in paragraph (8), for “Except in a case in which the costs payable to a child or a protected party are fixed by these rules” substitute “Except in a case to which Section II, III or IIIA of Part 45 applies, and a claim under rule 45.13 or 45.29J has not been made”.