Civil Procedure (Amendment) Rules 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/1008 |
| Year | 1999 |
1999 No. 1008 (L. 8)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS
The Civil Procedure (Amendment) Rules 1999
Made 25th March 1999
Laid before Parliament 30th March 1999
Coming into force 26th April 1999
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–
1. These Rules may be cited as the Civil Procedure (Amendment) Rules 1999 and shall come into force on 26th April 1999.
2. In these Rules–
(a) “the Rules” means the Civil Procedure Rules 19982and a reference to a rule or Schedule by number alone means the rule or Schedule 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; and
(c) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2.
3. In rule 2.1, after paragraph 2, at the end of the table, insert–
(a) in the first column, “6. Adoption proceedings”; and
(b) in the second column, “Adoption Act 19763, s.66”.
4. In rule 3.1, after paragraph (6), insert–
“6A Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings, subject to the right of a defendant under rule 37.2 to treat all or part of any money paid into court as a Part 36 payment.
(Rule 36.2 explains what is meant by a Part 36 payment)”.
5. In rule 13.4, after paragraph (1), omit “(Rule 2.3 explains which court is a defendant’s home court)”; and insert–
“1A In this rule, “defendant’s home court” has the meaning given to it by rule 2.3, except that reference to the defendant’s address for service shall be a reference to that address shown on the last of the following documents to be filed at court giving an address for service for the defendant–
(a) the application to set aside(GL);
(b) any acknowledgment of service; and
(c) the claim form.”.
6. For paragraph (4) of rule 16.3 substitute–
“4 In a claim which includes a claim by a tenant of residential premises against his landlord where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the claimant must also state in the claim form–
(a) whether the estimated costs of those repairs or other work is–
(i) not more than £1000; or
(ii) more than £1000; and
(b) whether the financial value of any other claim for damages is–
(i) not more than £1000; or
(ii) more than £1000.”.
7. In rule 24.3(2)–
(a) for sub-paragraph (a) of paragraph (2) substitute–
“(a)
“(a) proceedings for possession of residential premises against–
(i) a mortgagor; or
(ii) a tenant or person holding over after the end of his tenancy, whose occupancy is protected within the meaning of the Rent Act 19774, or the Housing Act 19885; and”;
(b) in sub-paragraph (b) after “rem” omit “.”, and insert “; and”; and
(c) after sub-paragraph (b), insert–
“(c)
“(c) contentious probate proceedings.”.
8. In Part 25–
(a) at the end of the list of contents insert–
“Interim injunction to cease after 24 days if claim struck out |
Rule 25.11”; and |
(b) after rule 25.10 insert–
“Interim injunction to cease after 14 days if claim struck out
25.11.—(1) If–
(a)
(a) the court has granted an interim injunction(GL); and
(b)
(b) the claim is struck out under rule 3.7 (sanction for non-payment of certain fees),
the interim injunction shall cease to have effect 14 days after the date that the claim is struck out unless paragraph (2) applies.
(2) If the claimant applies to reinstate the claim before the interim injunction ceases to have effect under paragraph (1), the injunction shall continue until the hearing of the application unless the court orders otherwise.”.
9. In rule 27.14, for sub-paragraph (a) of paragraph (2) substitute–
“(a)
“(a) the fixed costs attributable to issuing the claim which–
(i) are payable under Part 45; or
(ii) would be payable under Part 45 if that Part applied to the claim;”.
10. In rule 33.3, after paragraph (a), insert–
“(aa)
“(aa) to an affidavit or witness statement which is to be used at trial but which does not contain hearsay evidence;”.
11. In Part 34–
(a) in rule 13, in paragraph (4)–
(i) before “country” substitute “a” for “the”; and
(ii) omit “to which the letter is sent”;
(b) in rule 14–
(i) in the heading insert “of the court” after “examiner”; and
(ii) for paragraph (1) substitute “An examiner of the court may charge a fee for the examination.”.
12. In rule 36.4, for sub-paragraph (b) of paragraph (1) substitute–
“(b)
“(b) to make a money offer in respect of the money claim and a non-money offer in respect of the non-money claim.”.
13. In rule 36.6, in paragraph (3), for “the offeror has served the notice” substitute “the offeror will serve the notice”.
14. In rule 36.17, in sub-paragraph (b) of paragraph (3) after “defendants” insert “if he is entitled to do so”.
15. In rule 36.20, in sub-paragraph (b) of paragraph (1) before “Part” insert “defendant's”.
16. In rule 42.2, in sub-paragraph (a) of paragraph (1), for “has acted” substitute “is acting”.
17. In rule 44.9, for paragraph (2), substitute–
“2 Once a claim is allocated to a particular track, those special rules shall apply to the period before, as well as after, allocation except where the court or a practice direction provides otherwise.”.
18. In rule 47.11, after paragraph (2), insert–
“3 Where a receiving party obtains a default costs certificate, the costs payable to him for the commencement of detailed assessment proceedings shall be the sum set out in the costs practice direction.”.
19. In rule 47.17, in sub-paragraph (b) of paragraph (5), for “commences the proceedings”, substitute “files a request for a detailed assessment hearing”.
20. In rule 47.16, in paragraph (1), omit “which the receiving party has”.
21. In rule 47.24, in sub-paragraph (b) of paragraph (4), for “the decision in question”, substitute “the date of the direction”.
22. In rule 47.25, in sub-paragraph (b) of paragraph (2), for “the decision appealed against”, substitute “the direction”.
23. In rule 48.4–
(a) for paragraph (2), substitute–
“2 The general rule is that where he is entitled to be paid his costs of the proceedings out of any fund held by him as trustee or personal representative, those costs shall be assessed on the indemnity basis.”; and
(b) in paragraph (3), omit “but only”.
24. In rule 48.8–
(a) after paragraph (1), insert–
“1A Section 74(3) of the Solicitors Act 19746applies unless the solicitor and client have entered into a written agreement which expressly permits payment to the solicitor of an amount of costs greater than that which the client could have recovered from another party to the proceedings.”; and
(b) at the beginning of paragraph (2) insert “Subject to paragraph (1A),”.
25. In rule 48.10, in paragraph (1), for “paragraph” substitute “rule”.
26. In RSC Order 11–
(a) in paragraph (1) of rule 1, omit “does not contain any claim mentioned in Order 75, rule 2(1) and”;
(b) in rule 1B–
(i) in sub-paragraph (b) of paragraph (2); and
(ii) in sub-paragraph (b) of paragraph (3), for “Part 8” in each case substitute “Part 10”; and
(c) in paragraph (1) of rule 9, after “petition” insert “or an application notice issued before proceedings have started”;
(d) after rule 9, insert–
“Service of Part 20 claim form
Rule 9A.—(1) This rule applies to any Part 20 claim, except–
(a)
(a) a counterclaim; and
(b)
(b) a claim for a contribution or indemnity made in accordance with CPR rule 20.6.
(2) Permission may be granted to serve a Part 20 claim form on any necessary or proper party to the proceedings brought against the defendants in accordance with rule 1(1)(c).”.
27. In RSC Order 17–
(a) rule 8 shall stand as paragraph (1) of rule 8; and
(b) after rule 8(1), insert–
“2 Where the interpleader claimant fails to appear at the hearing, the Court may direct that the sheriff’s and execution creditor’s...
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