Civil Procedure (Amendment No. 5) Rules 2001
| Jurisdiction | UK Non-devolved |
2001 No. 4015 (L.32)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Civil Procedure (Amendment No. 5) Rules 2001
Made 13th December 2001
Laid before Parliament 20th December 2001
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 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 No. 5) Rules 2001 and shall come into force—
(a) for the purposes of rules 2, 37, 38 and 40, and this rule, on 14th January 2002;
(b) for the purposes of rules 4 to 6, 9, 10, 13, 14, 18, 35 and 41, on 1st March 2002; and
(c) for all other purposes, on 25th March 2002.
2. 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 19982;
(b) a reference to an Order by number and prefixed by “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
3. In rule 2.3, in paragraph (2), for “relevant” substitute “rule or”.
4. In rule 6.18—
(a) for sub-paragraph (g), substitute—
“(g)
“(g) “domicile” is to be determined—
(i) in relation to a Convention territory, in accordance with sections 41 to 46 of the 1982 Act;
(ii) in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;”;
(b) at the end of sub-paragraph (h), delete “and”; and
(c) after sub-paragraph (i), insert—
“(j)
“(j) “the Judgments Regulation” means Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and
(k)
(k) “Regulation State” in any provision, in the application of that provision in relation to the Regulation, has the same meaning as “Member State” in the Judgments Regulation, that is all Member States except Denmark.”.
5. In rule 6.19(1)(a), for “any part of the United Kingdom”, substitute “any other part of the United Kingdom”.
6. After rule 6.19(1) insert—
“1A A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the Judgments Regulation and—
(a) no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom or any other Regulation State; and
(i) (b) the defendant is domiciled in the United Kingdom or in any Regulation State;
(ii) Article 22 of the Judgments Regulation refers to the proceedings; or
(iii) the defendant is a party to an agreement conferring jurisdiction to which Article 23 of the Judgments Regulation refers.”.
7. In rule 6.20—
(a) omit the cross-reference after paragraph (15); and
(b) after the cross-reference after paragraph (17), insert—
“Admiralty claims(17A) a claim is—(a) in the nature of salvage and any part of the services took place within the jurisdiction; or(b) to enforce a claim under section 153, 154 or 175 of the Merchant Shipping Act 19953.”.
8. In rule 6.21, after paragraph (4), insert—
“(The second practice direction to this Part sets out how the periods referred to in paragraphs (a), (b) and (c) are calculated.)”.
9. In rule 6.22—
(a) in paragraph (2)—
(i) after “6.19(1)” insert “or (1A)”; and
(ii) after “Contracting State” insert “or Regulation State”; and
(b) in paragraph (4), after “6.19(1)” insert “or (1A)”.
10. In rule 6.23—
(a) in paragraph (2)—
(i) after “6.19(1)” insert “or (1A)”; and
(ii) after “Contracting State” insert “or Regulation State”; and
(b) in paragraph (4), after “6.19(1)” insert “or (1A)”.
In rule 8.3, omit paragraph (4).
11. In rule 8.3, omit paragraph (4).
12. In Part 11—
(a) in rule 11(4), for paragraph (a), substitute—
“(a)
“(a) be made within 14 days after filing an acknowledgment of service; and”;
(b) after rule 11(4), omit the cross-reference;
(c) in rule 11(5), for “for filing a defence” substitute “specified in paragraph (4)”;
(d) for rule 11(9) substitute—
“9 If a defendant makes an application under this rule, he must file and serve his written evidence in support with the application notice, but he need not before the hearing of the application file—
(a) in a Part 7 claim, a defence; or
(b) in a Part 8 claim, any other written evidence.”; and
(e) omit rule 11(10).
13. In rule 12.10—
(a) in paragraph (b)(i)—
(i) after “6.19(1)” insert “or (1A)”; and
(ii) omit “under the Civil Jurisdiction and Judgments Act 19824”; and
(b) in paragraph (b)(ii), after “Convention territory” insert “or Regulation State”.
14. In rule 12.11—
(a) in paragraph (4), for sub-paragraph (a) substitute—
“(a)
“(a) the claim under the Civil Jurisdiction and Judgments Act 1982 or the Judgments Regulation, was served in accordance with rules 6.19(1) or 6.19(1A) as appropriate;”; and
(b) in paragraph (6)—
(i) for sub-paragraph (a) substitute—
“(a)
“(a) “domicile” is to be determined—
(i) in relation to a Convention territory, in accordance with sections 41 to 46 of the Civil Jurisdiction and Judgments Act 1982;
(ii) in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;”;
(ii) at the end of sub-paragraph (c), delete “and”; and
(iii) after sub-paragraph (d), insert—
“(e)
“(e) “the Judgments Regulation” means Council Regulation (EC) No. 44/2001of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and
(f)
(f) “Regulation State” has the same meaning as “Member State” in the Judgments Regulation, that is all Member States except Denmark.”
.
15. In rule 20.6—
(a) at the beginning, insert “(1)”;
(b) after paragraph (1), insert—
“2 A defendant may file and serve a notice under this rule—
(a) without the court’s permission, if he files and serves it—
(i) with his defence; or
(ii) if his claim for contribution or indemnity is against a defendant added to the claim later, within 28 days after that defendant files his defence; or
(b) at any other time with the court’s permission.”.
16. In rule 22.1, in paragraph (1)—
(a) at the end of sub-paragraph (d), delete “and”; and
(b) at the end of sub-paragraph (e), insert—
“; and
(a) any other document where a rule or practice direction requires.”.
17. In rule 25.10, in sub-paragraph (a), after “interim injunction(gl)”, insert “other than a freezing injunction”.
18. In rule 25.13(2), in sub-paragraphs (a)(ii) and (b)(ii), after “Lugano Convention” insert “or the Regulation”.
19. In rule 26.3, after paragraph (6), insert—
“6A The date for filing the completed allocation questionnaire may not be varied by agreement between the parties.”.
20. In rule 31.14—
(a) at the beginning, insert “(l)”;
(b) at the end of sub-paragraph (c), insert “or”;
(c) at the end of sub-paragraph (d), for “; or” substitute “.”;
(d) omit sub-paragraph (e); and
(e) after paragraph (l), but before the cross-reference, insert—
“2 Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert’s report which has not already been disclosed in the proceedings.”.
21. In rule 35.12, in paragraph (1), for sub-paragraphs (a) and (b) substitute—
“(a)
“(a) identify and discuss the expert issues in the proceedings; and
(b)
(b) where possible, reach an agreed opinion on those issues.”.
22. In rule 35.14—
(a) for paragraph (2) substitute—
“2 An expert must, unless the court orders otherwise, provide a copy of any proposed request for directions under paragraph (1)—
(a) to the party instructing him, at least 7 days before he files the request; and
(b) to all other parties, at least 4 days before he files it.”; and
(b) in paragraph (3)—
(i) after “served with” insert “a copy of the directions.”; and
(ii) omit sub-paragraphs (a) and (b).
23. After rule 37.4, insert—
“...
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