The Civil Procedure (Amendment No.2) Rules 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/1953 |
| Year | 2010 |
2010 No. 1953 (L. 13)
Senior Courts Of England And Wales
County Courts, England And Wales
The Civil Procedure (Amendment No.2) Rules 2010
Made 29th July 2010
Laid before Parliament 2nd August 2010
Coming into force in accordance with rule 1
The Civil Procedure Rule Committee, in exercise of the power conferred by 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.—(1) These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2010.
(2) Except as provided in paragraph (3), these Rules come into force on 1st October 2010.
(3) Rules 3, 6 and 9 of and Schedule 3 to these Rules come into force on the date on which Part 4 of the Policing and Crime Act 20092comes into force.
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 19983;
(b) a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and
(c) a reference to an Order by number and prefixed “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.
Amendments to the Civil Procedure Rules 1998
3. For rule 30.3(2)(f) substitute—
“(f)
“(f) the facilities available to the court at which the claim is being dealt with, particularly in relation to—
(i) any disabilities of a party or potential witness;
(ii) any special measures needed for potential witnesses; or
(iii) security;”.
4. In Part 31—
(a) in the table of contents, at the end of the heading “Subsequent use of disclosed documents” insert “and completed Electronic Documents Questionnaires”;
(b) in the heading to rule 31.22, after “documents” insert “and completed Electronic Documents Questionnaires”; and
(c) after rule 31.22(3) insert—
“4 For the purpose of this rule, an Electronic Documents Questionnaire which has been completed and served by another party pursuant to Practice Direction 31B is to be treated as if it is a document which has been disclosed.”.
5. In Part 45—
(a) in the table of contents—
(i) after “Alternative percentage increase Rule 45.22” insert—
“SECTION V FIXED RECOVERABLE SUCCESS FEES IN EMPLOYER’S LIABILITY DISEASE CLAIMS |
||
Scope and Interpretation |
Rule 45.23 |
|
Percentage increase of solicitors’ fees |
Rule 45.24 |
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Percentage increase of counsel’s fees |
Rule 45.25 |
|
Alternative percentage increase |
Rule 45.26 |
; and” |
(ii) after “Account of payment of Stage 1 fixed costs Rule 45.40” insert—
“SECTION VII SCALE COSTS FOR CLAIMS IN A PATENTS COUNTY COURT |
||
Scope and interpretation |
Rule 45.41 |
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Amount of scale costs |
Rule 45.42 |
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Summary assessment of the costs of an application where a party has behaved unreasonably |
Rule 45.43 |
; and” |
(b) after rule 45.40 insert Section VII (Scale costs for claims in a patents county court) as set out in Schedule 1 to these Rules.
6. In Part 52—
(a) in rule 52.4(3), for “Unless” substitute “Subject to paragraph (4) and unless”;
(b) after rule 52.4(3) insert—
“4 Where an appellant seeks permission to appeal against a decision to refuse to grant an interim injunction under section 41 of the Policing and Crime Act 20094the appellant is not required to serve the appellant’s notice on the respondent.”; and
(c) after rule 52.5(6) insert—
“7 This rule does not apply where rule 52.4(4) applies.”.
7. After rule 55.10(4) insert—
“4A An unauthorised tenant of residential property may apply to the court for the order for possession to be suspended.”.
8. In Part 63—
(a) In the table of contents—
(i) omit “Patents judge Rule 63.4”; and
(ii) after “Appeals from decisions of the Comptroller or the registrar Rule 63.16” insert—
“V PATENTS COUNTY COURT | ||
Scope of this Section |
Rule 63.17 |
|
Transfer of proceedings |
Rule 63.18 |
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Patents judge |
Rule 63.19 |
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Statements of case |
Rule 63.20 |
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Statement of truth |
Rule 63.21 |
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Defence and reply |
Rule 63.22 |
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Case management |
Rule 63.23 |
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Disclosure and inspection |
Rule 63.24 |
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Applications |
Rule 63.25 |
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Costs |
Rule 63.26 |
;” |
(b) omit rule 63.4; and
(c) after rule 63.16, insert Section V (Patents county court) as set out in Schedule 2 to these Rules.
9. In Part 65—
(a) in the table of contents, after “Evidence Rule 65.41” insert—
“VIII INJUNCTIONS UNDER THE POLICING AND CRIME ACT 2009 |
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Scope of this Section and interpretation |
Rule 65.42 |
|
Applications for an injunction |
Rule 65.43 |
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Injunction containing provisions to which a power of arrest is attached |
Rule 65.44 |
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Application to vary or discharge an injunction |
Rule 65.45 |
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Application for warrant of arrest under section 44(2) of the 2009 Act |
Rule 65.46 |
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Proceedings following arrest under the 2009 Act |
Rule 65.47 |
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Recognizance |
Rule 65.48 |
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Applications for a power of arrest to be attached to any provision of an injunction |
Rule 65.49 |
;” |
(b) in rule 65.1—
(i) in sub-paragraph (f), after “;” omit “and”; and
(ii) at the end of sub-paragraph (g) insert—
“; and
(h)
(h) in Section VIII, about injunctions under the Policing and Crime Act 2009.”; and
(c) after rule 65.41 insert Section VIII (Injunctions under the Policing and Crime Act 2009) as set out in Schedule 3 to these Rules.
10. In Part 77—
(a) in the table of contents—
(i) for “Scope and interpretation Rule 77.1” substitute—
“Scope of this Part |
Rule 77.1 |
|
SECTION 1 – SERIOUS CRIME PREVENTION ORDERS | ||
Interpretation |
Rule 77.1A |
; and” |
(ii) after “Where to make an application Rule 77.5” insert—
“SECTION 2 – APPLICATION TO QUASH AN ACQUITTAL |
||
Scope and interpretation |
Rule 77.6 |
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Time limit for making the application |
Rule 77.7 |
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Where to make the application |
Rule 77.8 |
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How to make the application |
Rule 77.9 |
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Notice to defendant (acquitted person) |
Rule 77.10 |
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Response to the application |
Rule 77.11 |
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Further evidence |
Rule 77.12 |
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Determination of the application to quash an acquittal (general provisions) |
Rule 77.13 |
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Application for a hearing to determine the application to quash an acquittal |
Rule 77.14 |
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Hearing to determine the application to quash an acquittal |
Rule 77.15 |
;” |
(b) for rule 77.1 substitute—
“Scope of this Part
77.1. This Part contains rules about—
(a) in Section 1, applications for a serious crime prevention order under section 8 of the Serious Crime Act 20075and related applications under sections 9, 17 and 18 of that Act; and
(b) in Section 2, applications under section 54(3) of the Criminal Procedure and Investigations Act 19966for an order quashing an acquittal.
SECTION 1 – SERIOUS CRIME PREVENTION ORDERS(77.1A) InterpretationIn this Section—(a) “the 2007 Act” means the Serious Crime Act 2007; and(b) “SCPO” means a serious crime prevention order under section 1 or section 9 of the 2007 Act.”; and
(c) after rule 77.5 insert Section 2 (Application to Quash an Acquittal) as set out in Schedule 4 to these Rules.
11.—(1) RSC Order 115 is amended as follows.
(2) In rule 24—
(a)
(a) renumber paragraph “(ba)” as paragraph “(c)”;
(b)
(b) renumber paragraph “(c)” as paragraph “(g)”; and
(c)
(c) at the end of the paragraph renumbered as “(c)”—
(i) omit “and”; and
(ii) insert—
“(d)
“(d) “domestic freezing order certificate” means a certificate made by the High Court under paragraph 11B of Schedule 4 in relation to property in a country other than the United Kingdom;
(e)
(e) “overseas freezing order” means an order made in accordance with paragraph 11D of Schedule 4 in relation to property in the United Kingdom;
(f)
(f) “British Islands order” means a Scottish order, a Northern Ireland order or an Islands order as defined in paragraph 12 of Schedule 4; and”.
(3) In rule 25, for “paragraph 9” substitute “paragraph 13”.
(4) In the heading to rule 26, after “restraint order” insert “and domestic freezing order certificate”.
(5) In rule 26—
(a)
(a) in paragraph (1), for “under paragraph 5” substitute “and, where relevant, a domestic freezing order certificate under paragraphs 5 and 11B”;
(b)
(b) in paragraph (2)(c)—
(i) for “the order” substitute “the restraint order and, where relevant, the domestic freezing order certificate”; and
(ii) for “;” substitute “.”;
(c)
(c) after paragraph (2) insert—
“2A An applicant who seeks a domestic freezing order certificate must—
(a) prepare a draft of the certificate in accordance with paragraph 11B of Schedule 4; and
(b) attach it to the application for the restraint order under paragraph (1).”; and
(d)
(d) in paragraph 4, for “Court” substitute “court”.
(6) In rule 27—
(a)
(a) in paragraph (2), for “Court” substitute “court”; and
(b)
(b) after paragraph (3) insert—
“4 Where a domestic freezing order certificate is made it must be served with the copies of the restraint order as provided for in paragraph (3).”.
(7) In the heading to rule 28, for “order” substitute “a restraint order and a domestic freezing order certificate”.
(8) In rule 28—
(a)
(a) in paragraph 3(c), after “affected by the” insert “restraint”; and
(b)
(b) after paragraph (5) insert—
“6 A reference in this rule to a restraint order also applies, where relevant, to...
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