The Civil Procedure (Amendment No.2) Rules 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2208 |
| Year | 2012 |
2012 No. 2208 (L. 8)
Senior Courts Of England And Wales County Courts, England And Wales
The Civil Procedure (Amendment No.2) Rules 2012
Made 7th August 2012
Laid before Parliament 29th August 2012
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, makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2012 and shall come into force on 1 October 2012.
2. 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;
a reference to “Schedule 1” means Schedule 1 to those Rules, and a reference to an Order by number and prefixed by “RSC” means the RSC Order so numbered in that Schedule; and
a reference to “Schedule 2” means Schedule 2 to those Rules, and a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in that Schedule.
Amendments to the Civil Procedure Rules 1998
3. In Part 26, after rule 26.3(7), before the words in parentheses, insert—
“8 Where a party does not file an allocation questionnaire by the date specified, the court will make such order as it considers appropriate, including—
(a) an order for directions;
(b) an order striking out the claim;
(c) an order striking out the defence and entering judgment; or
(d) listing the case for a case management conference.
9 Where a claim is a designated money claim issued in Northampton County Court, the claim will be transferred to the claimant’s preferred court or the defendant’s home court as appropriate and the court to which it is transferred will make an order pursuant to rule 26.3(8).
10 Where an order has been made under rule 26.3(8), a party who was in default will not normally be entitled to an order for the costs of any application to set aside or vary that order nor of attending any case management conference and will, unless the court thinks it unjust to do so, be ordered to pay the costs that the default caused to any party who was not in default.”.
4. In Part 27—
(a) in rule 27.5, omit “(Rule 27.14(3)(d) provides for the payment of an expert’s fees.)”; and
(b) in rule 27.14(2)—
(i) at the end of subparagraph (g), omit “and”;
(ii) at the end of subparagraph (h)(iv), for “.” substitute “; and”; and
(iii) after subparagraph (h)(iv), insert—
“(i)
“(i) in an appeal, the cost of any approved transcript reasonably incurred.”.
5. In Part 31—
(a) after rule 31.23(1), insert—
“(Section 6 of Part 81 contains provisions in relation to committal for making a false disclosure statement.)”; and
(b) omit rule 31.23(2).
6. In Part 32—
(a) after rule 32.14(1) and the words in parentheses following it, insert—
“(Section 6 of Part 81 contains provisions in relation to committal for making a false statement of truth.).”; and
(b) omit rule 32.14(2).
In Part 40, after rule 40.2, omit the words in parentheses.
7. In Part 40, after rule 40.2, omit the words in parentheses.
8. In Part 52—
(a) In rule 52.2, in both the heading and the rule itself, for “Practice Direction 52” substitute “Practice Directions 52A to 52E”;
(b) in rule 52.3, for paragraph (4A) substitute—
“4A (a) Where a judge of the Court of Appeal or of the High Court, a Designated Civil Judge or a Specialist Circuit Judge refuses permission to appeal without a hearing and considers that the application is totally without merit, the judge may make an order that the person seeking permission may not request the decision to be reconsidered at a hearing.
(b) For the purposes of subparagraph (a) “Specialist Circuit Judge” means a Patents County Court judge and any circuit judge in any county court nominated to hear cases in the Mercantile, Chancery or Technology and Construction Court lists.”; and
(c) in rule 52.15—
(i) after paragraph (1), insert—
“1A Where permission to apply for judicial review of a decision of the Upper Tribunal has been refused by the High Court—
(a) the applicant may apply to the Court of Appeal for permission to appeal;
(b) the application will be determined on paper without an oral hearing.”; and
(ii) in paragraph (2), for “paragraph (1)”, insert “paragraphs (1) or (1A)”.
9. In Part 54—
(a) in the table of contents—
(i) after the entry for rule 54.1, insert—
“Who may exercise the powers of the High Court |
Rule 54.1A”; and |
(ii) after the entry for rule 54.7, insert—
“Judicial review of decisions of the Upper Tribunal |
Rule 54.7A”; and |
(b) after rule 54.1, insert—
“Who may exercise the powers of the High Court
54.1A.—(1) A court officer assigned to the Administrative Court office who is—
(a)
(a) a barrister; or
(b)
(b) a solicitor,
may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the Queen’s Bench Division.
(2) The matters referred to in paragraph (1) are—
(a)
(a) any matter incidental to any proceedings in the High Court;
(b)
(b) any other matter where there is no substantial dispute between the parties; and
(c)
(c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.
(3) A court officer may not decide an application for—
(a)
(a) permission to bring judicial review proceedings;
(b)
(b) an injunction;
(c)
(c) a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.
(4) Decisions of a court officer may be made without a hearing.
(5) A party may request any decision of a court officer to be reviewed by a judge of the High Court.
(6) At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.
(7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.”.
(c) after rule 54.7 insert—
“Judicial review of decisions of the Upper Tribunal
54.7A.—(1) This rule applies where an application is made, following refusal by the Upper Tribunal of permission to appeal against a decision of the First Tier Tribunal, for judicial review—
(a)
(a) of the decision of the Upper Tribunal refusing permission to appeal; or
(b)
(b) which relates to the decision of the First Tier Tribunal which was the subject of the application for permission to appeal.
(2) Where this rule applies—
(a)
(a) the application may not include any other claim, whether against the Upper Tribunal or not; and
(b)
(b) any such other claim must be the subject of a separate application.
(3) The claim form and the supporting documents required by paragraph (4) must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent to the applicant.
(4) The supporting documents are—
(a)
(a) the decision of the Upper Tribunal to which the application relates, and any document giving reasons for the decision;
(b)
(b) the grounds of appeal to the Upper Tribunal and any documents which were sent with them;
(c)
(c) the decision of the First Tier Tribunal, the application to that Tribunal for permission to appeal and its reasons for refusing permission; and
(d)
(d) any other documents essential to the claim.
(5) The claim form and supporting documents must be served on the Upper Tribunal and any other interested party no later than 7 days after the date of issue.
(6) The Upper Tribunal and any person served with the claim form who wishes to take part in the proceedings for judicial review must, no later than 21 days after service of the claim form, file and serve on the applicant and any other party an acknowledgment of service in the relevant practice form.
(7) The court will give permission to proceed only if it considers—
(a)
(a) that there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law; and
(b)
(b) that either—
(i) the claim raises an important point of principle or practice; or
(ii) there is some other compelling reason to hear it.
(8) If the application for permission is refused on paper without an oral hearing, rule 54.12(3) (request for reconsideration at a hearing) does not apply.
(9) If permission to apply for judicial review is granted—
(a)
(a) if the Upper Tribunal or any interested party wishes there to be a hearing of the substantive application, it must make its request for such a hearing no later than 14 days after service of the order granting permission; and
(b)
(b) if no request for a hearing is made within that period, the court will make a final order quashing the refusal of permission without a further hearing.
(10) The power to make a final order under paragraph (9)(b) may be exercised by the Master of the Crown Office or a Master of the Administrative Court.”; and
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