The Civil Procedure (Amendment No.3) Rules 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/2292 |
| Year | 2005 |
2005 No. 2292 (L.21)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Civil Procedure (Amendment No.3) Rules 2005
Made 8th August 2005
Laid before Parliament 19th August 2005
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.3) Rules 2005 and shall come into force—
(a) for the purposes of rules 11(a), 14, 16 and 19(a) on 6th April 2006;
(b) for the purposes of rules 50, 51 and 52 on 21st October 2005;
(c) for all other purposes, and for the purpose of this rule, on 1st October 2005.
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.
Amendment to the Civil Procedure Rules 1998
3. In rule 3.1, after sub-paragraph (l), insert—
“(ll)
“(ll) order any party to file and serve an estimate of costs;”.
4. In rule 3.3(7), after “an application”, insert “(including an application for permission to appeal or for permission to apply for judicial review)”.
5. In rule 3.7—
(a) in sub-paragraph (4)(i), for “the claim shall be struck out” substitute “the claim will automatically be struck out without further order of the court”; and
(b) in sub-paragraph (6)(a), for “the claim shall be struck out” substitute “the claim will automatically be struck out without further order of the court”.
6. After rule 3.7 insert—
“3.7A.—(1) This rule applies where a defendant files a counterclaim without—
(a)
(a) payment of the fee specified by the relevant Fees Order; or
(b)
(b) making an application for an exemption from or remission of the fee.
(2) The court will serve a notice on the defendant requiring payment of the fee specified in the relevant Fees Order if, at the time the fee is due, the defendant has not paid it or made an application for exemption or remission.
(3) The notice will specify the date by which the defendant must pay the fee.
(4) If the defendant does not—
(a)
(a) pay the fee; or
(b)
(b) make an application for an exemption from or remission of the fee,
by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
(5) Where an application for exemption from or remission of a fee is refused, the court will serve notice on the defendant requiring payment of the fee by the date specified in the notice.
(6) If the defendant does not pay the fee by the date specified in the notice, the counterclaim will automatically be struck out without further order of the court.
(7) If—
(a)
(a) the defendant applies to have the counterclaim reinstated; and
(b)
(b) the court grants relief,
the relief will be conditional on the defendant either paying the fee or filing evidence of exemption from payment or remission of the fee within the period specified in paragraph (8).
(8) The period referred to in paragraph (7) is—
(a)
(a) if the order granting relief is made at a hearing at which the defendant is present or represented, 2 days from the date of the order;
(b)
(b) in any other case, 7 days from the date of service of the order on the defendant.”.
7. After rule 3.7A insert—
“Sanctions for dishonouring cheque
3.7B.—(1) This rule applies where any fee is paid by cheque and that cheque is subsequently dishonoured.
(2) The court will serve a notice on the paying party requiring payment of the fee which will specify the date by which the fee must be paid.
(3) If the fee is not paid by the date specified in the notice—
(a)
(a) where the fee is payable by the claimant, the claim will automatically be struck out without further order of the court;
(b)
(b) where the fee is payable by the defendant, the defence will automatically be struck out without further order of the court,
and the paying party shall be liable for the costs which any other party has incurred unless the court orders otherwise.
(Rule 44.12 provides for the basis of assessment where a right to costs arises under this rule)
(4) If—
(a)
(a) the paying party applies to have the claim or defence reinstated; and
(b)
(b) the court grants relief,
the relief shall be conditional on that party paying the fee within the period specified in paragraph (5).
(5) The period referred to in paragraph (4) is—
(a)
(a) if the order granting relief is made at a hearing at which the paying party is present or represented, 2 days from the date of the order;
(b)
(b) in any other case, 7 days from the date of service of the order on the paying party.
(6) For the purposes of this rule, “claimant” includes a Part 20 claimant and “claim form” includes a Part 20 claim.”.
8. In rule 5.4—
(a) for paragraph (3), substitute—
“3 A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of the Practice Direction.”; and
(b) in sub-paragraph (5)(a)(i), after “a claim form,”, insert “but not any documents filed with or attached to or intended by the claimant to be served with such claim form,”.
9. After rule 6.1, for the cross-reference, substitute—
“(For service in possession claims, see Part 55).”.
10. In rule 6.4—
(a) in paragraph (1), for “paragraph (2)”, substitute “paragraphs (2) and (2A)”; and
(b) after paragraph (2), insert—
“2A In civil proceedings by or against the Crown, as defined in rule 66.1(2), documents required to be served on the Crown may not be served personally.”.
11. In rule 6.5—
(a) in paragraph (2), after “A party must give an address for service within the jurisdiction.”, insert—
“Such address must include a full postcode, unless the court orders otherwise.
(Paragraph 2.4 of the Practice Direction to Part 16 contains provision about the content of an address for service).”; and
(b) after paragraph (7), insert—
“8 In civil proceedings by or against the Crown, as defined in rule 66.1(2)—
(a) service on the Attorney General must be effected on the Treasury Solicitor;
(b) service on a government department must be effected on the solicitor acting for that department as required by section 18 of the Crown Proceedings Act 1947.
(The practice direction to Part 66 gives the list published under section 17 of that Act of the solicitors acting for the different government departments on whom service is to be effected, and of their addresses).”.
12. In rule 6.7(1), after “A document which is served in accordance with these rules or any relevant practice direction shall be deemed to be served on the day shown in the following table”, omit “(Rule 2.8 excludes a Saturday, Sunday, a Bank Holiday, Christmas Day or Good Friday from calculations of periods of 5 days or less)”.
13. For rule 6.11, and for the heading “Notice of non-service”, substitute—
“Notification of outcome of postal service by the court
6.11. Where—
(a) a document to be served by the court is served by post; and
(b) such document is returned to the court,
the court must send notification to the party who requested service stating that the document has been returned.
Notice of non-service by bailiff
6.11A. Where—
(a) the court bailiff is to serve a document; and
(b) the bailiff is unable to serve it,
the court must send notification to the party who requested service.”.
14. After rule 6.13 insert—
“(Paragraph 2.4 of the Practice Direction to Part 16 contains provision about the content of an address for service).”.
15. In rule 6.20, paragraph (16)—
(a) for the heading “Claims by the Inland Revenue”, substitute “Claims by HM Revenue and Customs”; and
(b) for “Commissioners of the Inland Revenue”, substitute “Commissioners for HM Revenue and Customs”.
16. After rule 9.2 insert—
“(Paragraph 10.6 of the Practice Direction to Part 16 contains provision about the content of the admission, defence or acknowledgment of service).”.
17. In rule 10.3(2)—
(a) at the end of sub-paragraph (a), omit “and”; and
(b) at the end of sub-paragraph (b), insert—
“; and
(a) rule 6.21(4) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).”.
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