The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 521
Exiting The European Union
Senior Courts Of England And Wales
County Court, England And Wales
The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019
Made 7th March 2019
Laid before Parliament 8th March 2019
Coming into force in accordance with regulation 1
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 20181(relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of that Act.
Citation, commencement, extent and interpretation
1.—(1) — These Regulations may be cited as the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
(2) These Regulations extend to England and Wales.
(3) A reference in these Regulations to a rule or Part by number alone is a reference to the rule or Part so numbered in the Civil Procedure Rules 19982.
Amendment of the Civil Procedure Rules 1998
2. The Civil Procedure Rules 1998 are amended as set out in regulations 3 to 16.
Amendment of Part 5
3.—(1) Part 5 (court documents)3is amended as follows.
(2) In rule 5.4C—
(a)
(a) in paragraph (1)(b), omit “, subject to paragraph (1B)”; and
(b)
(b) omit paragraph (1B).
Amendment of Part 6
4.—(1) — Part 6 (service of documents)4is amended as follows.
(2) In the table of contents for the Part—
(a)
(a) in the entry for the heading for Section II of the Part, omit “OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA”;
(b)
(b) in the entry for rule 6.7, omit—
(i) “or European Lawyer”; and
(ii) “or in any other EEA state”;
(c)
(c) in the entry for the heading for Section III of the Part, omit “OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA”; and
(d)
(d) omit the entry for rule 6.41.
(3) In rule 6.2, omit paragraph (e) and the words in parentheses which follow it.
(4) In the heading for Section II of the Part, omit “OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA”.
(5) In rule 6.3, in paragraph (1), omit “(subject to Section IV of the Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties)”.
(6) In rule 6.4, in paragraph (1), for “Subject to Section IV of the Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, the”, substitute “The”.
(7) In rule 6.6—
(a)
(a) in paragraph (1), omit “, 6.7(3)”; and
(b)
(b) in paragraph (2), omit “or its equivalent in any EEA state (if applicable)”.
(8) In rule 6.7—
(a)
(a) in the heading, omit—
(i) “or European Lawyer”; and
(ii) “or in any other EEA state”;
(b)
(b) in paragraph (2)—
(i) omit “or EEA state other than the United Kingdom”; and
(ii) omit sub-paragraphs (b) and (c); and
(c)
(c) omit paragraph (3) and the first set of words in parentheses following it.
(9) In rule 6.8—
(a)
(a) in the opening words, omit “and the provisions of Section IV of this Part”; and
(b)
(b) in paragraph (a), omit “or any other EEA state”.
(10) In rule 6.9, in paragraph (1)(b), omit “or European Lawyer”.
(11) In the heading to Section III of the Part, omit “OR IN SPECIFIED CIRCUMSTANCES WITHIN THE EEA”.
(12) In rule 6.20, in paragraph (1), for “Subject to Section IV of the Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a”, substitute “A”.
(13) In rule 6.21, in paragraph (1), for “Subject to Section IV of the Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, a”, substitute “A”.
(14) In rule 6.23—
(a)
(a) in paragraph (1), omit “or its equivalent in any EEA state (if applicable)”;
(b)
(b) in paragraph (2)—
(i) in sub-paragraph (a), omit “either” and “or any other EEA state”;
(ii) omit sub-paragraph (b); and
(iii) in sub-paragraph (c)—
(aa) omit “or no European Lawyer nominated to accept service of documents”;
(bb) at the end of paragraph (i) omit “or”; and
(cc) omit paragraph (ii); and
(c)
(c) in paragraph (3), omit “, (b)”.
(15) In rule 6.31—
(a)
(a) in paragraph (c), for “the Brussels and Lugano Conventions (as defined in section 1(1) of the 1982 Act) and any other” substitute “any”;
(b)
(b) omit paragraph (d) and the words in parentheses following it;
(c)
(c) omit paragraph (e); and
(d)
(d) omit paragraphs (g) to (j).
(16) In rule 6.33—
(a)
(a) omit paragraph (1);
(b)
(b) in paragraph (2)—
(i) for “under the Judgments Regulation” substitute “under sections 15A to 15E of the 1982 Act”;
(ii) in sub-paragraph (a)—
(aa) omit “subject to paragraph (2A); and
(bb) omit “or any other Member State”;
(iii) in sub-paragraph (b)—
(aa) omit paragraph (i);
(bb) in paragraph (ii), for “article 17 of the Judgments Regulation” substitute “section 15B(1) of the 1982 Act”;
(cc) at the end of paragraph (ii) insert “or”;
(dd) in paragraph (iii), for “article 20 of the Judgments Regulation” substitute “section 15C(1) of the 1982 Act”; and
(ee) omit paragraphs (iv) and (v);
(c)
(c) omit paragraph (2A); and
(d)
(d) in paragraph (3), omit “the 1982 Act, the Lugano Convention,” and “, the Judgments Regulation,”.
(17) In rule 6.35—
(a)
(a) omit paragraphs (3) and (4) (including the cross-heading above each paragraph); and
(b)
(b) in paragraph (5), omit “in a country not referred to in paragraph (3) or (4)”.
(18) In rule 6.40, omit paragraph (3)(a)(i).
(19) Omit rule 6.41.
(20) In rule 6.45, omit the words in parentheses at the end of the rule.
(21) In rule 6.48—
(a)
(a) at the end of paragraph (a), omit “but”; and
(b)
(b) omit paragraph (b).
Amendment of Part 8
5.—(1) Part 8 (alternative procedure for claims)5is amended as follows.
(2) In rule 8.1, omit the second set of words in parentheses at the end of the rule.
Amendment of Part 12
6.—(1) — Part 12 (default judgment)6is amended as follows.
(2) In rule 12.3, omit the third set of words in parentheses at the end of the rule.
(3) In rule 12.10, in paragraph (b)—
(a)
(a) in sub-paragraph (i), omit “, 6.33(1), 6.33(2)”; and
(b)
(b) in sub-paragraph (ii), omit “or in any other Convention territory or Member State”.
(4) In rule 12.11—
(a)
(a) in paragraph (4)(a), omit —
(i) “, the Lugano Convention, the Judgments Regulation”; and
(ii) “, 6.33(1), 6.33(2)”; and
(b)
(b) in paragraph (6), omit sub-paragraphs (a), (b), (e) and (f).
Amendment of Part 13
7.—(1) — Part 13 (setting aside or varying default judgment)7is amended as follows.
(2) In rule 13.3, omit the second set of words in parentheses at the end of the rule.
Amendment of Part 25
8.—(1) — Part 25 (interim remedies and security for costs)8is amended as follows.
(2) In rule 25.13, in paragraph (2)(a)(ii)—
(a)
(a) omit “a Brussels Contracting State, a State bound by the Lugano Convention,”; and
(b)
(b) omit “or a Regulation State”.
Amendment of Part 30
9.—(1) — Part 30 (transfer)9is amended as follows.
(2) In rule 30.8, in paragraph (1), for “of—” and sub-paragraphs (a) and (b), substitute “of Chapter I or II of Part I of the Competition Act 199810”.
Amendment of Part 31
10.—(1) Part 31 (disclosure and inspection of documents)11is amended as follows.
(2) In rule 31.3—
(a)
(a) in paragraph (1)—
(i) at the end of sub-paragraph (b), insert “or”;
(ii) at the end of sub-paragraph (c), omit “or; and
(iii) omit sub-paragraph (d); and
(b)
(b) omit the third set of words in parentheses at the end of paragraph (1).
(3) In rule 31.12, omit the second set of words in parentheses at the end of the rule.
(4) In rule 31.16 omit the words in parentheses at the end of the rule.
(5) In rule 31.17, omit the words in parentheses at the end of the rule.
Amendment of Part 32
11.—(1) Part 32 (evidence)12is amended as follows.
(2) In rule 32.7, omit the words in parentheses at the end of the rule.
Amendment of Part 34
12.—(1) — Part 34 (witnesses, depositions and evidence for foreign courts)13is amended as follows.
(2) In the table of contents, omit the entry for Section III of the Part, including the entries for rules 34.22 to 34.24.
(3) In rule34.13, in paragraph (1)—
(a)
(a) at the end of sub-paragraph (a), omit “and”; and
(b)
(b) omit sub-paragraph (b).
(4) In rule 34.13A, in paragraph (3), omit the words from “, and rule” to the end.
(5) In rule 34.16—
(a)
(a) in paragraph (1), omit “, other than an application made as result of a request by a court in another Regulation State”; and
(b)
(b) in paragraph (2)—
(i) at the end of sub-paragraph (a), omit “and”; and
(ii) omit sub-paragraph (b).
(6) Omit Section III of the Part, including rules 34.22 to 34.24.
Amendment of Part 63
13.—(1) — Part 63 (intellectual property claims)14is amended as follows.
(2) In rule 63.1(2)(j), omit paragraphs (iv), (v) and (vii).
(3) Omit rule 63.2(1)(b)(i).
(4) In rule 63.14(2)—
(a)
(a) in sub-paragraph (a)—
(i) at the end of paragraph (i) omit “; or”; and
(ii) omit paragraph (ii); and
(b)
(b) in sub-paragraph (b)—
(i) at the end of paragraph (i) omit “; or”; and
(ii) omit paragraph (ii).
Revocation of Part 68
14. Part 68 (references to the European Court)15is revoked.
Amendment of Part 74
15.—(1) — Part 74 (enforcement of judgments in different jurisdictions)16is amended as follows.
(2) In the table of contents—
(a)
(a) omit the entries for rules 74.3A, 74.4A, 74.7A, 74.7B, 74.7C and 74.11A;
(b)
(b) omit the entry for Sections IV and V of the Part, including the entries for rules 74.19 to 74.33;
(c)
(c) omit the cross-heading “OUTGOING PROTECTION MEASURES”; and
(d)
(d) omit the entries for rules 74.36 to 74.45.
(3) In rule 74.1—
(a)
(a) omit paragraphs (4) and (4A);
(b)
(b) in...
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