The Civil Procedure (Amendment No.4) Rules 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/3103 |
| Year | 2011 |
2011 No. 3103 (L. 23)
Senior Courts Of England And Wales
County Courts, England And Wales
The Civil Procedure (Amendment No.4) Rules 2011
Made 21th December 2011
Laid before Parliament 5th January 2012
Coming into force 19th March 2012
The Civil Procedure Rule Committee makes the following Rules 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—
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No.4) Rules 2011 and will come into force on 19th March 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.
Amendments to the Civil Procedure Rules 1998
3. In Part 2—
(a) in rule 2.3(1)—
(i) after the definition of ‘defendant’s home court’, insert—
“‘designated money claim’ means any claim which—
(a) is started in a county court under Part 7;
(b) is only a claim for either or both a specified amount of money or an unspecified amount of money; and
(c) is not a claim for which special procedures are provided in these rules;”; and
(ii) after the definition of ‘litigation friend’, insert—
“‘preferred court’ means, if the claim is proceeding in a county court, the county court the claimant has specified in practice form N1 as the court to which the proceedings should be transferred if necessary;”.
4. In Part 3—
(a) in the table of contents—
(i) in the left hand column, after “Judgment without trial after striking out” insert “Automatic transfer”; and
(ii) in the right hand column, after “Rule 3.5” insert “Rule 3.5A”; and
(b) after rule 3.5 insert—
“Automatic Transfer
3.5A. If—
(a) a claimant files a request for judgment which includes an amount of money to be decided by the court in accordance with rule 3.5; and
(b) the claim is a designated money claim,
the court will transfer the claim to the preferred court upon receipt of the request for judgment.”.
5. In Part 12—
(a) in the table of contents—
(i) in the left hand column, after “Nature of judgment where default judgment obtained by filing a request” insert “Automatic transfer”; and
(ii) in the right hand column, after “Rule 12.5” insert “Rule 12.5A”; and
(b) after rule 12.5 insert—
“Automatic transfer
12.5A. If—
(a) a claimant files a request for judgment which includes an amount of money to be decided by the court in accordance with rules 12.4 and 12.5; and
(b) the claim is a designated money claim,
the court will transfer the claim to the preferred court upon receipt of the request for judgment.”.
6. In Part 13—
(a) in rule 13.4(1)(c), omit “under rule 14.12 (admission – determination of rate of payment by judge) or rule 26.2 (automatic transfer)”; and
(b) after rule 13.4(1), insert—
“1B Where—
(a) the claim is for a specified amount of money;
(b) the claim is a designated money claim;
(c) the claim has not been transferred to another court; and
(d) the defendant is not an individual,
the court will transfer an application by a defendant under this Part to set aside or vary the judgment to the preferred court.”.
7. In Part 14—
(a) in the table of contents—
(i) in the left hand column, after “Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim”, insert “Automatic transfer”; and
(ii) in the right hand column, after “Rule 14.7”, insert “Rule 14.7A”; and
(b) after rule 14.7, insert—
“Automatic Transfer
14.7A. If—
(a) a claimant files a request for judgment for an amount of money to be decided by the court in accordance with rule 14.6 or 14.7; and
(b) the claim is a designated money claim,
the court will transfer the claim to the preferred court.”;
(c) in rule 14.12—
(i) in paragraph (2), for “must” substitute “will”;
(ii) in paragraph (2)(c), omit “under rules 13.4 (application to set aside or vary default judgment-procedure) or rule 26.2 (automatic transfer)”;
(iii) at end of paragraph (2), omit “(Rule 2.3 explains which court is a defendant’s home court)”;
(iv) after paragraph (2), insert—
“2A Where the judge is to determine the time and rate of payment at a hearing, the proceedings will be transferred automatically to the preferred court if—
(a) the only claim is for a specified amount of money;
(b) the claim is a designated money claim;
(c) the defendant is not an individual; and
(d) the claim has not been transferred to another court.”; and
(v) in paragraph (3), for “must” substitute “will”; and
(d) in rule 14.13—
(i) in paragraph (3), for “must” substitute “will”;
(ii) in paragraph (3)(c), omit “under rules 13.4 (application to set aside or vary default judgment-procedure) or rule 26.2 (automatic transfer)”;
(iii) after paragraph (3), insert—
“3A Where an application for re-determination is made, the proceedings will be transferred to the preferred court if—
(a) the only claim (apart from a claim for interest or costs) is for a specified amount of money;
(b) the claim is a designated money claim;
(c) the defendant is not an individual; and
(d) the claim has not been transferred to another court.”; and
(iv) after paragraph (3), omit “(Rule 2.3 explains which court is a defendant’s home court)”.
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