The Civil Procedure (Amendment No.3) Rules 2008
| Jurisdiction | UK Non-devolved |
2008 No. 3327 (L. 29)
Supreme Court Of England And Wales County Courts, England And Wales
The Civil Procedure (Amendment No.3) Rules 2008
Made 29th December 2008
Laid before Parliament 7th January 2009
Coming into force 6th April 2009
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, make the following Rules—
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No.3) Rules 2008 and come into force on 6th April 2009.
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 “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. In rule 3.1(4)—
(a) for “may” substitute “will”; and
(b) after “complied with” insert “the Practice Direction (Pre-Action Conduct) and”.
4. For rule 7.4(3) substitute—
“3 Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where—
(a) paragraph 5.2(4) of the Practice Direction (Production Centre) supplementing Part 7 applies; or
(b) paragraph 6.4 of the Practice Direction (Money Claim Online) supplementing Part 7 applies.”.
5. In rule 14.1A(2)—
(a) in sub-paragraph (a)—
(i) for “letter of claim” substitute “letter before claim”; and
(ii) after “accordance with the” insert “Practice Direction (Pre-Action Conduct) or any”; and
(b) in sub-paragraph (b), for “letter of claim” substitute “letter before claim”.
6. In rule 16.3—
(a) for paragraph (2) substitute—
“2 The claimant must, in the claim form, state—
(a) the amount of money claimed;
(b) that the claimant expects to recover—
(i) not more than £5,000;
(ii) more than £5,000 but not more than £25,000; or
(iii) more than £25,000; or
(c) that the claimant cannot say how much is likely to be recovered.”;
(b) in paragraph (3), for “he” substitute “the claimant”;
(c) in paragraph (4)—
(i) for “his” substitute “a”; and
(ii) in sub-paragraph (b) omit “financial”;
(d) in paragraph (5)(a), for “£15,000” substitute “£25,000”; and
(e) in paragraph (6)—
(i) for “how much he” substitute “how much the claimant”;
(ii) in sub-paragraph (a), for “he may recover” substitute “the court may make an award of”; and
(iii) in sub-paragraph (b) omit “against him”.
7. In rule 26.6—
(a) in paragraph (1)—
(i) in sub-paragraph (a)(i) omit “financial”;
(ii) in sub-paragraph (a)(ii) omit “financial”;
(iii) in sub-paragraph (b), for “his landlord” substitute “a landlord”; and
(iv) in sub-paragraph (b)(iii) omit “financial”;
(b) in paragraph (3) omit “financial”; and
(c) for paragraph (4) substitute—
“4 Subject to paragraph (5), the fast track is the normal track for any claim—
(a) for which the small claims track is not the normal track; and
(b) which has a value—
(i) for proceedings issued on or after 6th April 2009, of not more than £25,000; and
(ii) for proceedings issued before 6th April 2009, of not more than £15,000.”.
8. After rule 30.6 insert the parenthesis—
“(Practice Direction 54D (Administrative Court (Venue)) contains provisions about where hearings may be held in proceedings in the Administrative Court.)”.
9. In Part 44—
(a) in the table of contents, after the entry “Application of costs rules” insert—
“Costs capping orders – General |
Rule 44.18 |
Application for costs capping order |
Rule 44.19 |
Application to vary a costs capping order |
Rule 44.20”; |
(b) in rule 44.3(5)(a), after “the parties followed” insert “the Practice Direction (Pre-Action Conduct) or”; and
(c) after rule 44.17, insert—
“Costs capping orders – General
44.18.—(1) A costs capping order is an order limiting the amount of future costs (including disbursements) which a party may recover pursuant to an order for costs subsequently made.
(2) In this rule, “future costs” means costs incurred in respect of work done after the date of the costs capping order but excluding the amount of any additional liability.
(3) This rule does not apply to protective costs orders.
(4) A costs capping order may be in respect of—
(a)
(a) the whole litigation; or
(b)
(b) any issues which are ordered to be tried separately.
(5) The court may at any stage of proceedings make a costs capping order against all or any of the parties, if—
(a)
(a) it is in the interests of justice to do so;
(b)
(b) there is a substantial risk that without such an order costs will be disproportionately incurred; and
(c)
(c) it is not satisfied that the risk in sub-paragraph (b) can be adequately controlled by—
(i) case management directions or orders made under Part 3; and
(ii) detailed assessment of costs.
(6) In considering whether to exercise its discretion under this rule, the court will consider all the circumstances of the case, including—
(a)
(a) whether there is a substantial imbalance between the financial position of the parties;
(b)
(b) whether the costs of determining the amount of the cap are likely to be proportionate to the overall costs of the litigation;
(c)
(c) the stage which the proceedings have reached; and
(d)
(d) the costs which have been incurred to date and the future costs.
(7) A costs capping order, once made, will limit the costs recoverable by the party subject to the order unless a party successfully applies to vary the order. No such variation will be made unless—
(a)
(a) there has been a material and substantial change of circumstances since the date when the order was made; or
(b)
(b) there is some other compelling reason why a variation should be made.
Application for a costs capping order
44.19.—(1) An application for a costs capping order must be made on notice in accordance with Part 23.
(2) The application notice must—
(a)
(a) set out—
(i) whether the costs capping order is in respect of the whole of the litigation or a particular issue which is ordered to be tried separately; and
(ii) why a costs capping order should be made; and
(b)
(b) be accompanied by an estimate of costs setting out—
(i) the costs (and disbursements) incurred by the applicant to date; and
(ii) the costs (and disbursements) which the applicant is likely to incur in the future conduct of the proceedings.
(3) The court may give directions for the determination of the application and such directions may—
(a)
(a) direct any party to the proceedings—
(i) to file a schedule of costs in the form set out in the Practice Direction supplementing this rule;
(ii) to file written submissions on all or any part of the issues arising;
(b)
(b) fix the date and time estimate of the hearing of the application;
(c)
(c) indicate whether the judge hearing the application will sit with an assessor at the hearing of the application; and
(d)
(d) include any further directions as the court sees fit.
Application to vary a costs capping order
44.20. An application to vary a costs capping order must be made by application notice pursuant to Part 23.”.
10. In rule 46.2—
(a) in the table in paragraph (1)—
(i) in the third entry, after “More than £10,000” insert “but not more than £15,000”;
(ii) after the third entry insert the entry—
“For proceedings issued on or after 6th April 2009, more than £15,000 |
£1,650”; |
(b) in paragraph (3)—
(i) in sub-paragraph (b), for “of the quantifying” substitute “of quantifying”; and
(ii) in sub-paragraph (b)(iii)—
(aa) for “£10,000” substitute “£15,000”; and
(bb) for “he expects to recover” substitute “is likely to be recovered”;
(c) in paragraph (6)(c), for “his” substitute “the”; and
(d) omit the parenthesis below paragraph (6).
11. In rule 55.10, for paragraph (2) substitute—
“2 The claimant must send a notice to the property addressed to the “the occupiers” within 5 days of receiving notification of the date of the hearing by the court.”.
12. In Part 70—
(a) in the table of contents, for the entry—
“Enforcement of awards of bodies other than the High Court and county courts |
Rule 70.5” |
substitute—
“Enforcement of decisions of bodies other than the High Court and county courts and compromises enforceable by enactment |
Rule 70.5”; and |
(b) for rule 70.5 and the heading to that rule, substitute—
“Enforcement of decisions of bodies other than the High...
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