The Civil Procedure (Amendment) Rules 2014

Amendments to the Civil Procedure Rules 1998

28.  In Part 65—

(a) in rule 65.3—

(i) in paragraph (2)—

(aa) after “The application”, omit “must be”;

(bb) in subparagraph (a), before “made by a claim” insert “must be”;

(cc) for subparagraph (b) substitute—

“(b) may be made at any County Court hearing centre; and”; and

(dd) in subparagraph (c), for “the application” substitute “must be”;

(ii) after paragraph (2) insert—

“(2A) If the application—

(a) is on notice; and

(b) is not made at a County Court hearing centre which serves the address where—

(i) the defendant resides; or

(ii) the conduct complained of occurred,

the application will be issued by the County Court hearing centre where the application is made, and sent to the hearing centre in (i) or (ii) as appropriate.

(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the relevant address.)”; and

(iii) in paragraph (4), before subparagraph (a), insert—

“(a1) the application may—

(i) be made at any County Court hearing centre;

(ii) be heard at the hearing centre where the application is made; and

(iii) at any stage of the proceedings, be transferred by the court to—

(aa) the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb) another hearing centre as the court considers appropriate;”;

(b) in rule 65.10, omit paragraph (2);

(c) in rule 65.12, for the words from “in the county court” to “is situated”, substitute “in accordance with rule 55.3(1)”;

(d) in rule 65.14, for paragraph (1) substitute—

“(1) (a) The claim may be made at any County Court hearing centre;

(b) the claim will be issued by the hearing centre where the claim is made; and

(c) if the claim is not made at the County Court hearing centre which serves the address where the property is situated, the claim, when it is issued, will be sent to that hearing centre.

(Practice Direction 65 makes further provision in respect of claims which are not made at the County Court hearing centre which serves the address where the property is situated.)”;

(e) in rule 65.28—

(i) before “A claim”, insert “(1)”;

(ii) in subparagraph (a), for “; and” substitute “and—”;

(iii) in subparagraph (b)—

(aa) omit “(b) must be commenced—”; and

(bb) for sub-subparagraphs (i) and (ii) substitute—

“(i) in the High Court, must be commenced in the Queen’s Bench Division, or

(ii) in the County Court, may be commenced at any County Court hearing centre.”; and

(iv) after what will be paragraph (1), insert—

“(2) If the application is commenced at a County Court hearing centre which does not serve the address where—

(a) the defendant resides or carries on business; or

(b) the claimant resides or carries on business,

the claim will be issued by the County Court hearing centre where the claim is commenced and sent to the hearing centre serving the address at (a)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of claims which are not commenced at the County Court hearing centre which serves the address where the property is situated.)”; and

(f) in rule 65.43—

(i) in paragraph (2)—

(aa) omit “must be”;

(bb) in subparagraph (a), before “made by”, insert “must be”; and

(cc) for subparagraph (b) substitute—

“(b) may be made at any County Court hearing centre; and”;

(ii) in subparagraph (c), before “supported by”, insert “must be”;

(iii) after paragraph (2), insert—

“(2A) If the application—

(a) is on notice; and

(b) is made at a County Court hearing centre which does not serve the address where—

(i) the defendant resides or carries on business; or

(ii) the claimant resides or carries on business,

the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)”;

(iv) in paragraph (4), before subparagraph (a), insert—

“(a1) the application may—

(i) be made at any County Court hearing centre;

(ii) be heard at the hearing centre where the application is made; and

(iii) at any stage of the proceedings, be transferred by the court to—

(aa) the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb) another hearing centre as the court considers appropriate;” and

(v) in subparagraph (6), for “acknowledgement” substitute “acknowledgment”.