COMMENTED by
The Civil Procedure (Amendment) Rules 2000 (Note)

The Civil Procedure (Amendment) Rules 2000

STATUTORY INSTRUMENTS

2000 No. 221 (L.1)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Procedure (Amendment) Rules 2000

Made 24th January 2000

Laid before Parliament 3rd February 2000

Coming into force in accordance with rule 1

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, make the following Rules: -

Citation, commencement and interpretation

1. These Rules may be cited as the Civil Procedure (Amendment) Rules 2000 and shall come into force -

(a) for the purposes of rules 2, 8, 20 and 40 of these Rules and this rule, on 28th February 2000; and

(b) for all other purposes, on 2nd May 2000.

2. In these Rules -

(a) "the Rules" means the Civil Procedure Rules 1998[2] and a reference to a Part or rule by number alone means the Part or rule so numbered in the Rules;

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

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

Amendments to Civil Procedure Rules 1998

3. In rule 3.5 -

(a) paragraph (3) stands as paragraph (4);

(b) paragraph (4) stands as paragraph (5); and

(c) after paragraph (2), insert -

(3) Where judgment is obtained under this rule in a case to which paragraph (2)(b)(iii) applies, it will be judgment requiring the defendant to deliver the goods, or (if he does not do so) pay the value of the goods as decided by the court (less any payments made).".

4. - (1) In Part 6, at the end of the list of contents, insert the text as set out in Part I of Schedule 1 to these Rules.

(2) After rule 6.1, in the cross-reference -

(a) omit sub-paragraph (a);

(b) sub-paragraph (b) stands as sub-paragraph (a); and

(c) sub-paragraph (c) stands as sub-paragraph (b).

(3) In rule 6.5, for "RSC Order 11", substitute "Section III of this Part".

(4) In rule 6.7 -

(a) after paragraph (1), insert "(Rule 2.8 excludes a Saturday, Sunday, a Bank Holiday, Christmas Day or Good Friday from calculations of periods of 5 days or less)"; and

(b) for paragraph (2), substitute -

(2) If a document is served personally -

(a) after 5 p.m., on a business day; or

(b) at any time on a Saturday, Sunday or a Bank Holiday, it will be treated as being served on the next business day.".

(5) After rule 6.16, insert Section III as set out in Part II of Schedule 1 to these Rules.

5. After rule 8.2, insert -

Issue of claim form without naming defendants

8.2A

- (1) A practice direction may set out the circumstances in which the court may give permission for a claim form to be issued under this Part without naming a defendant.

(2) An application for permission must be made by application notice before the claim form is issued.

(3) The application notice for permission -

(a) need not be served on any other person; and

(b) must be accompanied by a copy of the claim form that the applicant proposes to issue.

(4) Where the court gives permission it will give directions about the future management of the claim.".

6. In rule 12.3 -

(a) for paragraph (2), substitute -

(2) Judgment in default of defence may be obtained only -

(a) where an acknowledgment of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed, and, in either case, the relevant time limit for doing so has expired.";

(b) after paragraph (2), insert -

(Rule 20.4 makes general provision for a defendant's counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgment of service) does not apply to a counterclaim made under that rule)"; and

(c) in paragraph (3), for sub-paragraph (a) substitute -

(a) the defendant has applied -

(i) to have the claimant's statement of case struck out under rule 3.4; or

(ii) for summary judgment under Part 24, and, in either case, that application has not been disposed of;".

7. In rule 17.1 -

(a) after paragraph (2) insert -

(3) If a statement of case has been served, an application to amend it by removing, adding or substituting ...

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