The Civil Procedure (Amendment) Rules 2014

Publication Date:January 01, 2014
 
FREE EXCERPT

2014No. 407 (L. 1)

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment) Rules 2014

24thFebruary2014

27thFebruary2014

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997( 1) to make rules of court under section 1 of that Act, after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules:

Citation, commencement and interpretation

1. These Rules may be cited as the Civil Procedure (Amendment) Rules 2014.

2. (1) Subject to paragraphs (2) and (3), these Rules shall come into force on the date on which section 17(1) and (2) of the Crime and Courts Act 2013( 2), come into force for all purposes.

(2) Rules 3, 14(f), 14(g), and 41(6) and (7) shall come into force on 1st April 2014.

(3) Rules 12, 16, 17, 19, 21(b), 27(b), 30, 34, 35(a), 35(b), 35(e), 35(f), 35(g), 35(h)(ii), 35(i), 36, 37, 38, 39(b), 40 and 41(1) to (4), and the Schedule to these Rules shall come into force on 6th April 2014.

3. In these Rules-

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998( 3) ("the Rules"); and

(b) a reference to an Order by number and prefixed "RSC" means the RSC Order so numbered in Schedule 1 to those Rules; and

(c) a reference to an Order by number and prefixed by "CCR" means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998

4. In the Rules and in CCR Order 27-

(a) unless amended elsewhere in these rules -

(i) for "a county court", in each place it occurs, substitute "the County Court";

(ii) for "county court", in each place it occurs, substitute "County Court";

(iii) for "county courts", in each place it occurs, substitute "the County Court"; and

(iv) for "district judge", in each place it occurs, substitute "District Judge"; and

5. In Part 2-

(a) in rule 2.3-

(i) in paragraph (1), in the definition of "defendant's home court", for subparagraph (a) substitute-

"(a) if a claim is proceeding in the County Court, the County Court hearing centre serving the address where the defendant resides or carries on business; and";

(ii) omit the definition of "designated money claim";

(iii) after the definition of "judge", insert-

""judge of the County Court' has the meaning given in section 5 of the County Courts Act 1984;";

(iv) for the definition of "preferred court" substitute-

""preferred hearing centre' means, if the claim is proceeding in the County Court, the County Court hearing centre the claimant has specified in practice form N1 as the hearing centre to which the proceedings should be sent if necessary;"; and

(v) in paragraph (3)-

(aa) for "particular county court" substitute "the County Court"; and

(bb) for "district registry" substitute "District Registry"; and

(b) in rule 2.4, in subparagraph (b) for "or district judge" substitute "of the County Court".

6. In Part 3-

(a) in rule 3.4, in paragraph (4), in subparagraph (c), for "he" substitute "the claimant";

(b) in the table of contents, for the entry for rule 3.5A substitute "Judgment without trial after striking out a claim in the County Court Money Claims Centre";

(c) in rule 3.5-

(i) in paragraph (3), for "he" substitute "the defendant"; and

(ii) in paragraph (5), for "he wishes" substitute "they wish";

(d) for rule 3.5A substitute-

"Judgment without trial after striking out a claim in the County Court Money Claims Centre

3.5A.

(1) If a claimant files a request for judgment in the County Court Money Claims Centre in accordance with rule 3.5, in a claim which includes an amount of money to be decided by the court, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent."; and

(e) after rule 3.6, insert-

"3.6A. If-

(a) a party against whom judgment has been entered under rule 3.5 applies to set the judgment aside;

(b) the claim is for a specified sum;

(c) the claim was started in the County Court Money Claims Centre; and

(d) the claim has not been sent to a County Court hearing centre,

the claim will be sent to-

(i) if the defendant is an individual, the defendant's home court; and

(ii) if the defendant is not an individual, the preferred hearing centre.".

7. In rule 8.1, after subparagraph (2) insert-

"(2A) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction provides otherwise.

(Practice Direction 8A includes further direction in respect of claims which are not made at the appropriate County Court hearing centre in the first instance.)".

8. In Part 12-

(a) in the table of contents, for the entry for rule 12.5A substitute "County Court Money Claims"; and

(b) for rule 12.5A substitute-

"County Court Money Claims

12.5A.

(1) If a claimant files a request for judgment in the County Court which includes an amount of money to be decided by the court in accordance with rules 12.4 and 12.5, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.".

9. In Part 13-

(a) after rule 13.1, omit the words in parentheses;

(b) in rule 13.4-

(i) in paragraph (1)-

(aa) in subparagraph (c), after "has not been transferred," insert "or, in the County Court, sent";

(bb) in subparagraph (d), at the end, insert ","; and

(cc) in the words which follow immediately below subparagraph (d), for "the court will transfer" substitute "in the High Court the court will transfer, or, in the County Court, the court officer will send,";

(ii) in paragraph (1B)-

(aa) in subparagraph (b), for "is a designated money claim" substitute "has been started in the County Court Money Claims Centre";

(bb) in subparagraph (c), for the words from "transferred" to the end, substitute "sent to a County Court hearing centre; and"; and

(cc) for the words which follow immediately below subparagraph (d) substitute-

"an application by a defendant under this Part to set aside or vary the judgment will be sent to the preferred hearing centre."; and

(iii) after paragraph (1B) insert-

"(1C) If a claim is sent to a preferred hearing centre pursuant to paragraph (1B) any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.".

10. In Part 14-

(a) in the table of contents, for the entry for rule 14.7A substitute "Request for judgment for an amount of money to be decided by the court - claims in the County Court Money Claims Centre";

(b) in rule 14.1, in paragraph (2), for "He" substitute "The party";

(c) in rule 14.2, in paragraph (4), substitute-

"(4) If the defendant does so, this Part shall apply as if the admission had been made within that period.".

(d) in rule 14.4, in paragraph (3), for "he does" substitute "they do";

(e) in rule 14.5-

(i) in paragraph (3)-

(aa) for "him to return" substitute "the return of"; and

(bb) in subparagraphs (a), (b) and (c), for "he", in each place it occurs, substitute "the claimant";

(ii) in paragraph (4), in the words which follow immediately below subparagraph (b) omit "on him";

(iii) in paragraph (5), for "he files the notice" substitute "the notice is filed";

(iv) in paragraph (6)-

(aa) for "he", in the first place it occurs, substitute "they"; and

(bb) for "he does" substitute "they do"; and

(v) in the words in parentheses which follow paragraph (9), for "he wishes" substitute "they wish";

(f) in rule 14.6, in paragraph (5), for the words from "on him" to the end, substitute "the claim is stayed until the request is filed.";

(g) in rule 14.7-

(i) in paragraph (3), for the words from "him to return" to "whether or not he" substitute "the return of the notice stating whether or not the claimant";

(ii) in paragraph (4)-

(aa) omit "on him"; and

(bb) for "he files the notice" substitute "the notice is filed";

(iii) in paragraph (5)-

(aa) for "he", in the first place it occurs, substitute "they"; and

(bb) for "he does" substitute "they do"; and

(iv) in paragraph (9) for "he" substitute "the claimant";

(h) for rule 14.7A substitute-

"Request for judgment for an amount of money to be decided by the court - claims in the County Court Money Claims Centre

14.7A.

(1) If a claimant files a request for judgment in the County Court Money Claims Centre, for an amount of money to be decided by the court in accordance with rules 14.6 or14.7, the claim will be sent to the preferred hearing centre.

(2) If a claim is sent to a preferred hearing centre pursuant to paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent.";

(i) in rule 14.9, in paragraph (4), for "he" substitute "they";

(j) in rule 14.10, in paragraph (2), for "he" substitute "they";

(k) in rule 14.11, in paragraph (2), for "he must do so" substitute "this must be done";

(l) in rule 14.12-

(i) in paragraph (1), for "he" substitute "they";

(ii) in paragraph (2)-

(aa) after "the proceedings will" insert ", in the High Court";

(bb) after "transferred automatically" insert ", or, in the County Court, be sent"; and

(cc) in subparagraph (c), after "transferred" insert "or sent";

(iii) in paragraph (2A)-

(aa) for "transferred automatically to the preferred court" substitute "sent to the preferred hearing centre";

(bb) in subparagraph (b), for "is a designated money claim" substitute "was started in the County Court"; and

(cc) in subparagraph (d), for "transferred" substitute "sent";

(m) in rule 14.13-

(i) in paragraph (3)-

(aa) after "the proceedings will" insert ", in the High Court";

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