The Civil Procedure (Amendment No. 3) Rules 2016

JurisdictionUK Non-devolved
CitationSI 2016/788
Year2016

2016 No. 788 (L. 11)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment No. 3) Rules 2016

Made 20th July 2016

Laid before Parliament 21th July 2016

Coming into force 3rd October 2016

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 and after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules:

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Rules may be cited as the Civil Procedure (Amendment No....

1. These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2016.

S-2 These Rules come into force on 3rd October 2016.

These Rules come into force on 3rd October 2016.

2. These Rules come into force on 3rd October 2016.

S-3 In these Rules, a reference to a Part or rule by number alone...

3. 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.

Amendments to the Civil Procedure Rules 1998
S-4 Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

4. The Civil Procedure Rules 1998 are amended in accordance with rules 5 to 15 of these Rules.

Amendment of Part 2
S-5 Amendment of Part 2

Amendment of Part 2

5. In rule 2.4(a), after “Master” insert “, Registrar in Bankruptcy”.

Amendment of Part 26
S-6 Amendment of Part 26

Amendment of Part 26

6. In rule 26.2A—

(a) in paragraph (3), for “Subject to paragraph (5)”, substitute “Subject to paragraphs (5) and (5A)”;

(b) in paragraph (4), for “Subject to paragraph (5)”, substitute “Subject to paragraphs (5) and (5A)”;

(c) in paragraph (5), for “If, on their directions questionnaire”, substitute “Subject to paragraph (5A), if, on their directions questionnaire”; and

(d) after paragraph (5), insert—

S-5A

“5A At the relevant time, the claim must be sent to the County Court at Central London if—

(a) the claim is started at the County Court Business Centre or the County Court Money Claims Centre;

(b) a court officer provisionally decides, pursuant to rule 26.3, that the track which appears to be most suitable for the claim is the multi-track; and

(c) either—

(i) in respect of a defendant under paragraphs (3) and (5)(a), the home court (or the home court of the defendant who first files their defence) or the hearing centre specified on the directions questionnaire; or

(ii) in respect of a claimant under paragraphs (4) and (5)(b), the preferred hearing centre or the hearing centre specified on the directions questionnaire,

is one of the hearing centres listed in Practice Direction 26 at paragraph 10.4.”.

Amendment of Part 40
S-7 Amendment of Part 40

Amendment of Part 40

7. In rule 40.2(4)—

(a) omit sub-paragraph (a);

(b) in sub-paragraph (b), after “appeal court” insert “, with an indication of the division of the High Court where the High Court is the appeal court”; and

(c) in sub-paragraph (d), after “appeal court” insert “, including the appropriate division where relevant,”.

Amendment of Part 45
S-8 Amendment of Part 45

Amendment of Part 45

8. In the words in parentheses after rule 45.41, for “52.9A” substitute “52.19”.

Amendment of Part 47
S-9 Amendment of Part 47

Amendment of Part 47

9. In rule 47.14(7), for “52.4” substitute “52.12”.

Substitution of Part 52
S-10 Substitution of Part 52

Substitution of Part 52

10. For Part 52, substitute the new Part 52 in the Schedule to these Rules.

Amendment of Part 54
S-11 Amendment of Part 54

Amendment of Part 54

11. In rule 54.5(6), for “regulation 92” substitute “regulation 92(2)”.

Amendment of Part 63
S-12 Amendment of Part 63

Amendment of Part 63

12. In rule 63.19—

(a) omit paragraph (1A); and

(b) in paragraph (3), delete “specialist” before “claim”.

Amendment of Part 76
S-13 Amendment of Part 76

Amendment of Part 76

13.—(1) In rule 76.12(2)—

(a)

(a) in sub-paragraph (a), for “rule 52.3” substitute “rules 52.3, 52.4 and 52.6”;

(b)

(b) in sub-paragraph (b), for “52.4” substitute “52.12”;

(c)

(c) in sub-paragraph (c), for “52.5” substitute “”52.13”; and

(d)

(d) in sub-paragraph (d), for “52.11” substitute “52.21”.

(2) In rule 76.16(2)—

(a)

(a) in sub-paragraph (b), for “52.4” substitute “52.12”; and

(b)

(b) in sub-paragraph (c), for “52.5” substitute “52.13”.

Amendment of Part 80
S-14 Amendment of Part 80

Amendment of Part 80

14.—(1) In rule 80.8(2)—

(a)

(a) in sub-paragraph (a), for “rule 52.3” substitute “rules 52.3, 52.4 and 52.6”;

(b)

(b) in sub-paragraph (b), for “52.4” substitute “52.12”;

(c)

(c) in sub-paragraph (c), for “52.5” substitute “”52.13”; and

(d)

(d) in sub-paragraph (d), for “52.11” substitute “52.21”.

(2) In rule 80.12(2)—

(a)

(a) in sub-paragraph (b), for “52.4(1)” substitute “52.12(1)”; and

(b)

(b) in sub-paragraph (c), for “52.5” substitute “52.13”.

Amendment of Part 88
S-15 Amendment of Part 88

Amendment of Part 88

15. In rule 88.15(2)—

(a) in sub-paragraph (a), for “52.4(1)” substitute “52.12(1)”; and

(b) in sub-paragraph (b), for “52.5” substitute “52.13”.

Transitional provision
S-16 Transitional provision

Transitional provision

16.—(1) Where an appellant’s notice has been issued before 3rd October 2016, the provisions of Part 52 in force immediately before that date continue to apply in relation to that case.

(2) Where a request was made under rule 52.16 before 3rd October 2016 for—

(a)

(a) review of a decision of a court officer; or

(b)

(b) reconsideration of a decision of a single judge or a court officer made without a hearing,

the provisions of rule 52.16 in force immediately before that date continue to apply for the purposes of that review or reconsideration.

The Right Honourable Lord Dyson, MR

Michael Briggs, LJ

Mr Justice Birss

Mr Justice Coulson

His Honour Judge Martin McKenna

District Judge Michael Hovington

Edward Pepperall QC

Brett Dixon

Andrew Underwood

Kate Wellington

Oliver Heald

Minister of State

Ministry of Justice

20th July 2016

SCHEDULE

Rule 10

SCHEDULE

PART 52

APPEALS

SECTION I SCOPE AND INTERPRETATION

52.1

Scope and interpretation

52.2

Parties to comply with Practice Directions 52A to 52E

SECTION II PERMISSION TO APPEAL – GENERAL

52.3

Permission to appeal

52.4

Determination of application for permission to appeal to the County Court and High Court

52.5

Determination of application for permission to appeal to the Court of Appeal

52.6

Permission to appeal test – first appeals

52.7

Permission to appeal test – second appeals

SECTION III PERMISSION TO APPEAL – JUDICIAL REVIEW APPEALS, PLANNING STATUTORY REVIEW APPEALS AND APPEALS FROM THE EMPLOYMENT APPEAL TRIBUNAL

52.8

Judicial review appeals from the High Court

52.9

Judicial review appeals from the Upper Tribunal

52.10

Planning statutory review appeals

52.11

Appeals from the Employment Appeal Tribunal

SECTION IV ADDITIONAL RULES

52.12

Appellant’s notice

52.13

Respondent’s notice

52.14

Transcripts at public expense

52.15

Variation of time

52.16

Stay

52.17

Amendment of appeal notice

52.18

Striking out appeal notices and setting aside or imposing conditions on permission to appeal

52.19

Orders to limit recoverable costs of an appeal

52.20

Appeal court’s powers

52.21

Hearing of appeals

52.22

Non-disclosure of Part 36 offers and payments

SECTION V SPECIAL PROVISIONS RELATING TO THE COURT OF APPEAL

52.23

Assignment of appeals to the Court of Appeal

52.24

Who may exercise the powers of the Court of Appeal

SECTION VI SPECIAL PROVISIONS RELATING TO STATUTORY APPEALS

52.25

Statutory appeals – court’s power to hear any person

52.26

Appeals under the Law of Property Act 1922

52.27

Appeals from certain tribunals

52.28

Appeals under certain planning legislation

52.29

Appeals under certain legislation relating to pensions

SECTION VII REOPENING FINAL APPEALS

52.30

Reopening of final appeals

Scope and interpretation

Scope and interpretation

The rules in this Part apply to appeals to—

the civil division of the Court of Appeal;

the High Court; and

the County Court.

This Part does not apply to an appeal in detailed assessment proceedings against a decision of an authorised court officer.

In this Part—

“appeal” includes an appeal by way of case stated;

“appeal court” means the court to which an appeal is made;

“lower court” means the court, tribunal or other person or body from whose decision an appeal is brought;

“appellant” means a person who brings or seeks to bring an appeal;

“respondent” means—

a person other than the appellant who was a party to the proceedings in the lower court and who is affected by the appeal; and

a person who is permitted by the appeal court to be a party to the appeal; and

“appeal notice” means an appellant’s or respondent’s notice.

This Part is subject to any rule, enactment or practice direction which sets out special provisions with regard to any particular category of appeal.

Parties to comply with Practice Directions 52A to 52E

All parties to an appeal must comply with Practice Directions 52A to 52E.

Permission to appeal – General

Permission to appeal

An appellant or respondent requires permission to appeal—

where the appeal is from a decision of a judge in the County Court or the High Court, or to the Court of Appeal from a decision of a judge in the family court, except where the appeal is against—

a committal order;

a refusal to grant habeas corpus; or

a secure accommodation order made under section 25 of the Children Act 19893; or

as provided by Practice Directions 52A to 52E.

(Other enactments may provide that permission is required for particular appeals.)

An application for permission to appeal may be made—

to the lower court at the hearing at which the decision to be appealed was made; or

to the appeal court in an appeal notice.

(Rule 52.12 sets out the time limits for filing an appellant’s notice at the appeal court. Rule 52.13 sets out the time limits for filing a respondent’s notice at the appeal court...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT