http://www.legislation.gov.uk/id/uksi/2020/747

http://www.legislation.gov.uk/uksi/2020/747/article/16/2020-10-01

The Civil Procedure (Amendment No. 3) Rules 2020

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURT, ENGLAND AND WALES

Statute Law Database

2022-06-16

Expert Participation

2020-10-01

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) by—amending Part 3 to make consolidated provision, incorporating provisions previously in Practice Direction 3E, in relation to costs budgets, particularly the circumstances in which costs budgets may be revised and varied;amending Part 7 to ensure that claims against Welsh public bodies which challenge the lawfulness of their decisions are issued and heard in Wales;amending Part 30 to make provision in relation to the transfer of proceedings for the enforcement of a judgment or order for possession of land by the County Court to the High Court;amending Part 32 to substitute for rule 32.14 a reformulated rule about the consequences of making a false statement in a document supported by a statement of truth;amending Part 34 to make provision for the procedure in relation to requests for evidence to be taken for use in a foreign court;amending Tables 6 and 6A in rule 45.18, to remove the words ‘but not more than £25,000’ from the headings to the second column of each table, which might otherwise be taken to preclude the recovery of any fixed costs in Stage 3 proceedings for damages totalling more than £25,000;amending rule 61.13 to insert a signpost to new paragraph 26A of Practice Direction 52C, which makes provision regarding assessors who assist the Court of Appeal in appeals from decisions of the Admiralty Court;amending rules 73.7 and 73.10 to enable a legal adviser to make an order that, unless a judgment creditor files certain documents by a specified date, an application for a charging order is to be dismissed and an interim charging order discharged;amending Part 77 in relation to the time limit for making an application in relation to a “tainted acquittal”;substituting Part 81 with a new Part 81 – Applications and proceedings in relation to contempt of court, that streamlines and simplifies the process for proceedings for contempt of court. The new Part follows consultation by the Civil Procedure Rule Committee: “Proposed rule changes relating to contempt of court: redraft of CPR Part 81”, which ran from 9 March 2020 to 11 May 2020. This instrument also contains amendments consequential on the introduction of new Part 81, to rule 31.23, 83.13, 83.14, 89.16 and 89.17, as well as amendments to introduce two new provisions: rule 34.7A and 70.1A. The amendments to rules 31.23, 83.13 and 83.14 are essentially cross-reference changes. New rule 34.7A replaces former rule 81.36 (fines imposed under section 55 of the County Courts Act 1984) and new rule 70.1A replaces former rules 81.37 and 81.38 (fines under the County Courts Act 1984 generally). The amendment to rule 89.16 has the effect of incorporating with modifications former rule 81.36; previously, rule 89.16 applied former rule 81.36 with modifications to an order under section 14 of the Attachment of Earnings Act 1971 (1971 c. 32). The amendment to rule 89.17 has the effect of incorporating with modifications former rule 81.37 and 81.38; previously rule 89.17 applied former rules 81.37 and 81.38 with modifications to proceedings under section 23(2) of the Attachment of Earnings Act 1971.amending Part 83 to make provision about writs and warrants of possession, including provision requiring a notice of eviction to be delivered before a writ or warrant of possession can be executed.

Amendment of Part 8316

I11

After rule 83.8 insert—

Notice of execution of writs and warrants of possession83.8A
1
This rule applies to—
a
writs of possession; and
b
warrants of possession,
other than writs and warrants excluded by paragraph (6).
2
Subject to paragraph (5), a notice of eviction must be delivered to the premises not less than 14 days before the writ or warrant is executed.
3
The notice of eviction referred to in paragraph (2) must—
a
be addressed to—
i
all persons against whom the possession order was made; and
ii
“any other occupiers”; and
b
be in the form prescribed by Practice Direction 83.
4
The notice of eviction must be delivered by—
a
inserting it through the letter box in a sealed transparent envelope; or
b
if that is not practicable—
i
attaching a copy to the main door or some other part of the land so that it is clearly visible; or
ii
if that is not practicable, placing stakes in the land in places where they are clearly visible and attaching to each stake a copy of the notice in a sealed transparent envelope.
5
The court may—
a
dispense with the requirement to deliver a notice of eviction; or
b
extend or shorten the time by which a notice of eviction must be delivered,
but may not exercise its powers under sub-paragraph (b) so as to postpone the date of execution of any writ or warrant of possession beyond the last date permitted for that purpose by or under any enactment.
6
This rule does not apply to writs or warrants of possession to enforce possession orders against trespassers, other than possession orders against persons who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

2

In rule 83.13—

a

in paragraph (1)—

i

for sub-paragraph (b) substitute—

b
proceedings for contempt of court under Part 81;

ii

for sub-paragraph (c) substitute—

c
where no such proceedings are brought, by a writ of sequestration.

b

for paragraphs (2) to (9) substitute—

2
No writ of possession to enforce a notice under section 33D of the Immigration Act 2014 may be issued without the permission of the court.
3
No writ of possession against a trespasser may be issued after the expiry of 3 months from the date of the order without the permission of the court.
4
Unless the court otherwise directs, an application for permission under paragraph (3) may be made without notice to any other party.
5
An application for a writ of possession may be made without notice.
6
The person applying for a writ of possession must file a certificate that the land which is the subject of the judgment or order has not been vacated.
7
A writ of possession may include provision for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced by the writ.
8
In a case to which paragraph (7) applies or where an order for possession has been suspended on terms as to payment of a sum of money by instalments, the person applying for a writ of possession must certify—
a
the amount of money remaining due under the judgment or order; and
b
that the whole or part of any instalment due remains unpaid.

I23

In rule 83.14—

a

in paragraph (1)—

i

for sub-paragraph (b) substitute—

b
proceedings for contempt of court under Part 81;

ii

for sub-paragraph (c) substitute—

c
where no such proceedings are brought, by a writ of sequestration.

b

in paragraph (2), for sub-paragraph (c) substitute—

c
proceedings for contempt of court under Part 81;