The Civil Procedure (Amendment) Rules 2020

JurisdictionUK Non-devolved
CitationSI 2020/82

2020 No. 82 (L. 6)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment) Rules 2020

Made 27th January 2020

Laid before Parliament 3rd February 2020

Coming into force in accordance with rule 1

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to make rules under section 1 of that Act and after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2020 and, subject to paragraph (2), come into force on 6th April 2020.

(2) The amendments made by rules 4 and 9 come into force on 30th March 2020.

(3) 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 19982.

S-2 Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

2. The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 9 of these Rules.

S-3 Amendment of Part 12

Amendment of Part 12

3. In rule 12.3—

(a) in paragraph (1), after “if” insert “at the date on which judgment is entered”; and

(b) in paragraph (2)—

(i) in sub-paragraph (a), after “but” insert “at the date on which judgment is entered”; and

(ii) in sub-paragraph (b), after “where” insert “at the date on which judgment is entered”.

S-4 Amendment of Part 45

Amendment of Part 45

4. In rule 45.8, in Table 5, for the entry—

“On the making of a final charging order under rule 73.10(7)(a) or 73.10A(3)(a)”,

substitute—

“On the making of a final charging order under rule 73.10(6A)(a), 73.10(7)(a) or 73.10A(3)(a)”.

S-5 Amendment of Part 52

Amendment of Part 52

5.—(1) In rule 52.22(1), for “The” substitute “Unless the appeal court otherwise orders, the”.

(2) In rule 52.24(1)—

(a)

(a) at the end of sub-paragraph (a), omit “or”;

(b)

(b) at the end of sub-paragraph (b), insert “; or”; and

(c)

(c) after sub-paragraph (b) insert—

“(c)

“(c) a Fellow of the Chartered Institute of Legal Executives,”.

S-6 Amendment of Part 53

Amendment of Part 53

6. In rule 53.2(2), after “shall be” insert “nominated by the President of the Queen’s Bench Division to be”.

S-7 Amendment of Part 54

Amendment of Part 54

7. In rule 54.1A(1)—

(a) at the end of sub-paragraph (a), omit “or”;

(b) at the end of sub-paragraph (b), for the comma substitute “; or”; and

(c) after sub-paragraph (b) insert—

“(c)

“(c) a Fellow of the Chartered Institute of Legal Executives,”.

S-8 Amendment of Part 55

Amendment of Part 55

8.—(1) In rule 55.11—

(a)

(a) in paragraph (1)(a), after “tenancy” insert “other than a demoted assured shorthold tenancy”;

(b)

(b) in paragraph (1)(b)—

(i) omit “subject to rule 55.12(2)”; and

(ii) for “55.12(1)” substitute “55.12”; and

(c)

(c) omit the words in parentheses at the end of the rule.

(2) For rule 55.12, substitute—

“ The conditions referred to in rule 55.11(1)(b) are that—

(a)

(a) the tenancy and any agreement for the tenancy were entered into on or after 28 February 1997;

(b)

(b) the only purpose of the claim is to recover possession of the property and no other claim is made;

(c)

(c) the tenancy did not immediately follow an assured tenancy which was not an assured shorthold tenancy;

(d)

(d) the tenancy fulfilled the conditions provided by section 19A of the 1988 Act;

(e)

(e) all the tenancies under which the defendant has occupied the property—

were the subject of written agreements; or

arose by virtue of section 5 of the 1988 Act.”.

S-9 Amendment of Part 73

Amendment of Part 73

9.—(1) In the table of contents of Part 73, after the entry for rule 73.10, insert—

“Reconsideration of a decision made by a legal adviser

Rule 73.10ZA”.

(2) In rule 73.1(2)—

(a)

(a) after sub-paragraph (c) insert—

“(ca)

“(ca) “final charging order” means an order confirming that a charge imposed by an interim charging order continues;”; and

(b)

(b) after sub-paragraph (e) insert—

“(ea)

“(ea) “legal adviser” means a court officer assigned to the county court who is—

a barrister;

a solicitor; or

a Fellow of the Chartered Institute of Legal Executives,

who may exercise the jurisdiction of the county court with regard to matters set out in this Part to the extent specified in this Part, with the consent of the Designated Civil Judge for Greater Manchester, or their nominee;”.

(3) In rule 73.10—

(a)

(a) in paragraph (6), after “a judge” insert “or a...

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