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Statutory Instruments

2024 No. 106 (L. 3)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment) Rules 2024

Made

30th January 2024

Laid before Parliament

1st February 2024

Coming into force

6th April 2024

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules under section 1 of and Schedule 1 to that Act, and after fulfilling the requirements of section 2(6) of that Act, makes the following Rules.

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2024 and come into force on 6th April 2024.

(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 11 of these rules.

Amendment of Part 8

3.  In rule 8.9(b)(i), for “rules 14.4 to 14.7 do” substitute “rule 14.2 does”.

Amendment of Part 15

4.  In rule 15.4(2), for “24.4(2)” substitute “24.4(4)”.

Amendment of Part 19

5.  In rule 19.2(1), for “19.5” substitute “19.6”.

Amendment of Part 26

6.—(1) In 26.7(1)(a), for “when” substitute “after”.

(2) In rule 26.9(10)—

(a)in sub-paragraph (b)—

(i)in paragraph (i), at the end, for “and” substitute “;”; and

(ii)for paragraph (ii) substitute—

(ii)there has been an admission of liability in full, which means that the defendant accepts that the claimant has suffered loss, including the injury set out in the letter of claim under the Pre-Action Protocol for the Resolution of Clinical Disputes, caused by the defendant’s breach of duty of care; and

(iii)the admission in paragraph (ii) is made in the defendant’s letter of response provided in accordance with the Pre-Action Protocol for the Resolution of Clinical Disputes,

provided that the defendant has not raised a defence to the claim under the Limitation Act 1980(3);;

(b)in sub-paragraph (d), at the end, omit “or”;

(c)in sub-paragraph (e)(ii), at the end, for the full stop substitute “; or”; and

(d)after sub-paragraph (e), insert—

(f)a claim against a public authority for trespass to the person, unless, having regard to the matters mentioned in rule 26.13(1), the court considers that it would not be in the interests of justice to do so..

Amendment of Part 28

7.—(1) In rule 28.2—

(a)in paragraph (1), for “When it allocates a case to the fast track or the intermediate track, the” substitute “The”;

(b)renumber paragraph (2) as paragraph (4); and

(c)for paragraph (3), what is currently paragraph (4) and paragraph (5), substitute—

(2) When it allocates a case to the fast track, the court shall give directions unless it considers that it is necessary to fix a case management conference.

(3) When it allocates a case to the intermediate track, the court may give directions or fix a case management conference under rule 28.12..

(2) In rule 28.12, for “shall” substitute “may”.

(3) For rule 28.14(3)(c) substitute—

(c)any expert report shall not exceed 20 pages—

(i)including the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and the reasons for those conclusions; but

(ii)excluding the expert’s curriculum vitae, any supporting materials to which the reasons for their conclusions refer and any necessary photographs, plans and academic articles attached to the report..

Amendment of Part 31

8.  In rule 31.5—

(a)omit paragraph (1);

(b)in paragraph (2), after “apply to all” insert “intermediate and”; and

(c)in paragraph (3), after “case management conference” insert “, if any,”.

Amendment of Part 45

9.—(1) In the table of contents to this Part—

(a)after the entry for rule 45.15, insert—

Restoration proceedings45.15A; and

(b)omit the entry for rule 45.56.

(2) In rule 45.1—

(a)in paragraph (3), in the full-out—

(i)after “subject to”, insert “rule 44.5 and to”; and

(ii)after “Practice Direction 45”, insert “, unless the paying party and the receiving party have each expressly agreed that this Part should not apply”;

(b)in paragraph (8), for “A” substitute “Subject to paragraph (9), a”; and

(c)after paragraph (8), insert—

(9) In respect of any amendment made to Table 12, Table 14 or Table 15 which comes into force on 6th April 2024, the amounts in those Tables as so amended are also applicable to any order for costs made after that date in a claim issued before that date.

(10) This Part does not apply to costs incurred in respect of, or in connection with, inquest proceedings..

(3) In rule 45.5—

(a)in paragraph (6)(b)—

(i)for “amounts” substitute “costs”; and

(ii)after “rule 36.24” insert “or increased costs under rule 45.13(2)”; and

(b)in paragraph (8)—

(i)after “is entitled to” insert “either”; and

(ii)after “rule 45.13(2),” insert “or to both,”.

(4) After rule 45.15, insert—

Restoration proceedings

45.15A.(1) This rule applies to claims to which Section VI, Section VII or Section VIII apply.

(2) Where—

(a)it is necessary for the claimant to make an application in separate proceedings to restore a defendant company to the Companies Register; and

(b)the claimant is successful in their claim and obtains an order for costs against that defendant,

the fixed costs may include the amount specified in Table 15A (inclusive of any advocate’s fees incurred) in respect of the restoration proceedings, together with the disbursements allowed under paragraph (2) of that Table..

(5) In rule 45.30, for “36.29” substitute “36.30”.

(6) In rule 45.37, for “36.29” substitute “36.30”.

(7) Omit rule 45.56.

(8) In rule 45.59, for “In a claim” substitute “Subject to rule 45.15A, in a claim”.

(9) In rule 45.60, for “In a claim” substitute “Subject to rule 45.15A, in a claim”.

(10) In rule 45.61—

(a)in paragraph (1), for “paragraph (2)” substitute “rule 45.15A”; and

(b)omit paragraph (2).

Amendment of Part 54

10.—(1) In rule 54.8(1), for “relevant practice” substitute “approved”.

(2) In rule 54.5—

(a)in paragraph (4), for “(5) and (6)” substitute “(5), (6) and (7)”; and

(b)after paragraph (6) insert—

(7) Where the application for judicial review is in respect of a failure by a competent authority to comply with the Public Service Obligations in Transport Regulations 2023(4) in deciding to enter into a public services contract or make a general rule, the claim form must be filed within the applicable time period specified in regulation 24(1) of those Regulations..

(3) In rule 54.8(4)(a), paragraphs (i), (ia) and (ii) are renumbered respectively as (i), (ii) and (iii).

(4) After rule 54.8 insert—

Reply to acknowledgment of service

54.8A.(1) A claimant who has been served with any acknowledgment of service in accordance with rule 54.8(2)(b)(i) may file a reply.

(2) Any reply must be—

(a)filed not more than 7 days after service of the acknowledgment of service; and

(b)served on—

(i)the defendant; and

(ii)any person served with the claim form,

as soon as practicable and in any event not later than 7 days after it is filed.

(3) The time limits under this rule may not be extended by agreement between the parties.

(4) Practice Direction 54A makes provision as to the content and length of any reply..

Amendment of Part 81

11.—(1) In rule 81.2, in the definition of “penal notice”, for ““penal notice” to “warning” substitute “A “penal notice” is a prominent notice added to the front of an order by or at the request of a party warning”.

(2) In rule 81.4(e)—

(a)for “confirmation that” substitute “whether a penal notice had been added to the front of”; and

(b)omit “included a penal notice”.

Sir Geoffrey Vos, MR

Lord Justice Birss

Mr Justice Trower

Senior Master Cook

District Judge Clarke

District Judge Johnson

Ben Roe

David Marshall

Ian Curtis-Nye

I allow these rules.

Bellamy

Parliamentary Under Secretary of State for Justice

Ministry of Justice

30th January 2024

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) by—

(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(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. 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). Schedule 1 to the 1997 Act was amended by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), section 3, Schedule, Part 1, paragraph 19, the Crime and Courts Act 2013, section 175, Schedule 9, Part 3, paragraph 67(b).