The Civil Procedure (Amendment No.2) Rules 2007

Citation, commencement and interpretation

1.  These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2007 and come into force—

(a) for the purposes of this rule and rules 2, 9 and 13, on 31st March 2008; and

(b) for all other purposes, on 6th April 2008.

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(1).

Amendments to the Civil Procedure Rules 1998

3.  In rule 3.7—

(a) at the end of paragraph (1)(c), omit “or”;

(b) at the end of paragraph (1)(d), for “.” substitute “; or”;

(c) after paragraph (1)(d), insert—

“(e) the fee payable for a hearing specified by the relevant Fees Order is not paid.”;

(d) in paragraph (2), for “exemption or” substitute “full or part”;

(e) in paragraph (4)(b), for “an exemption from or” substitute “full or part”;

(f) for paragraph (5) substitute—

“(5) Where an application for—

(a) full or part remission of a fee is refused, the court will serve notice on the claimant requiring payment of the full fee by the date specified in the notice; or

(b) part remission of a fee is granted, the court will serve notice on the claimant requiring payment of the balance of the fee by the date specified in the notice.”; and

(g) in paragraph (7), for “exemption from payment or” substitute “full or part”.

4.  In rule 3.7A—

(a) for paragraph (1) substitute—

“(1) This rule applies where—

(a) a defendant files a counterclaim without—

(i) payment of the fee specified by the relevant Fees Order; or

(ii) making an application for full or part remission of the fee; or

(b) the proceedings continue on the counterclaim alone and—

(i) an allocation questionnaire or a pre-trial check list (listing questionnaire) is filed without payment of the fee specified by the relevant Fees Order;

(ii) the court dispenses with the need for an allocation questionnaire or a pre-trial check list or both;

(iii) these Rules do not require an allocation questionnaire or a pre-trial checklist to be filed in relation to the claim in question; or

(iv) the fee payable for a hearing specified by the relevant Fees Order is not paid. ”;

(b) in paragraph (2), for “exemption or” substitute “full or part”;

(c) in paragraph (4)(b), for “an exemption from or” substitute “full or part”;

(d) for paragraph (5) substitute—

“(5) Where an application for—

(a) full or part remission of a fee is refused, the court will serve notice on the defendant requiring payment of the full fee by the date specified in the notice; or

(b) part remission of a fee is granted, the court will serve notice on the defendant requiring payment of the balance of the fee by the date specified in the notice.”; and

(e) in paragraph (7), for “exemption from payment or” substitute “full or part”.

5.  In Part 19—

(a) in rule 19.9(1)(b), for “944” substitute “996”;

(b) in rule 19.9A(1), for “261(2)” substitute “261(1)”;

(c) for rule 19.9C(5) substitute—

“(5) Rules 19.9A (except for paragraph (1) of that rule) and 19.9B apply to the permission application as if the body corporate or trade union were a company.”;

(d) in rule 19.9D, for “994” substitute “996”; and

(e) in rule 19.9F, for “discontinued or settled” substitute “discontinued, settled or compromised”.

6.  After rule 52.17, in the heading “VI STATUTORY RIGHTS OF APPEAL”, for “VI” substitute “IV”.

7.  In Part 54—

(a) in the table of contents, omit—

(i) “II STATUTORY REVIEW UNDER THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002(2)”; and

(ii) the entries relating to rules 54.21 to 54.27;

(b) for rule 54.19(2) substitute—

“(2) The court may—

(a) (i) remit the matter to the decision-maker; and

(ii) direct it to reconsider the matter and reach a decision in accordance with the judgment of the court; or

(b) in so far as any enactment permits, substitute its own decision for the decision to which the claim relates.

(Section 31 of the Supreme Court Act 1981(3) enables the High Court, subject to certain conditions, to substitute its own decision for the decision in question.)”;

(c) omit rule 54.19(3) and the parenthesis following that rule; and

(d) after rule 54.20—

(i) omit the heading “Section II – Statutory Review under the Nationality, Immigration and Asylum Act 2002”; and

(ii) omit rules 54.21 to 54.27.

8.  In rule 57.7(4)(b), for “was not of sound mind, memory and understanding” substitute “lacked testamentary capacity”.

9.  In Part 75—

(a) in rule 75.1—

(i) in paragraph (1), after “practice direction” insert “supplementing this Part”;

(ii) after paragraph (1)(b), insert—

“(Rule 21.1(1)(c) provides that Part 21 (children and protected parties) does not apply to proceedings under this Part where one of the parties is a child.)”;

(iii) in paragraph (2)(b)(i), for “he” substitute “the bailiff”;

(iv) at the end of paragraph (2)(b)(iii), for “.” substitute “;”;

(v) in paragraph (2)(d)(i), after “statutory declaration” insert “or witness statement”; and

(vi) in paragraph (2)(f), after “practice direction” insert “supplementing this Part”;

(b) in rule 75.2(2)(a), for “shall be” substitute “is”;

(c) in rule 75.3—

(i) in paragraph (2)(c)(v), after “practice direction” insert “supplementing this Part”;

(ii) in paragraph (3), for “sealing” substitute “registering”;

(iii) for paragraph (4) substitute—

“(4) On receipt of a registered request the authority may draw up the order and must—

(a) insert in the order the date by which the respondent must either—

(i) comply with the order; or

(ii) file a statutory declaration or witness statement; and

(b) attach to the order a form of statutory declaration or witness statement for the respondent’s use.”;

(iv) for paragraph (5) substitute—

“(5) The authority must serve in accordance with Part 6 the order (and the form of statutory declaration or witness statement) on the respondent within 15 days of the date on which the request is registered by the court.”; and

(v) revoke paragraph (6);

(d) in rule 75.5(1), after “practice direction” insert “supplementing this Part”;

(e) in rule 75.6(b), for “rules 1 and 9” substitute “rule 1”;

(f) in rule 75.8—

(i) after “the filing of a statutory declaration” insert “or a witness statement”; and

(ii) in paragraph (a), after “statutory declaration” insert “or witness statement”;

(g) in rule 75.9, for “If an” substitute “Where the”;

(h) in rule 75.10(i) for “reasons” substitute “reason why”; and

(i) in rule 75.11—

(i) for “If” substitute “Where”;

(ii) for “an” substitute “the”; and

(iii) for “defendant” substitute “respondent”.

10.  In Part 76—

(a) in rule 76.1(3), omit sub-paragraph (g);

(b) in rule 76.14(1)—

(i) after “no later than 28 days after receiving” omit “notice of”;

(ii) in sub-paragraph (a), for “order that is the subject of the appeal” substitute “notice setting out the terms of the order, renewal or modification that is the subject of the appeal”; and

(iii) in sub-paragraph (b), before “the decision by the Secretary of State” insert “notice of”;

(c) in rule 76.23—

(i) in paragraph (1), for “relevant law officer” substitute “Attorney General”;

(ii) in paragraph (3), for “relevant law officer” in both places where it occurs substitute “Attorney General”; and

(iii) in paragraph (4), for “relevant law officer” substitute “Attorney General”;

(d) in rule 76.25(3)(c), for “relevant law officer” substitute “Attorney General”;

(e) in rule 76.29(2)(b)(i), after “rule 76.25(5)(b)” insert “to the same or substantially the same communication”; and

(f) for rule 76.33(4) substitute—

“(4) Where the Secretary of State makes an application under paragraph (3), he must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (2).”.

11.  After Part 76, insert Part 77 (Provisions in Support of Criminal Justice) as set out in the Schedule to these Rules.

12.  Revoke RSC Order 96 in Schedule 1 to the Civil Procedure Rules 1998.

Transitional provisions

13.  The amendments made by rule 9(c)(iii) and (iv) of these Rules to rule 75.3(4) and (5) and the omission of rule 75.3(6) by rule 9(c)(v) of these Rules do not apply to proceedings where the authority filed a request pursuant to rule 75.3(1) before 31st March 2008 and the rules of court in force immediately before that date will continue to apply to those proceedings as if they had not been amended or revoked.

Sir Anthony Clarke, M.R.

Martin Moore-Bick, L.J.

Rupert Jackson, J.

Michael Briggs, J.

HHJ Stephen Oliver-Jones Q.C.

Master Steven Whitaker

District Judge Robert Hill

District Judge Suzanne Burn

David di Mambro

Peter Candon

David Grant

Katy Peters

Philip Rainey

I allow these Rules

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

17th December 2007