The Civil Procedure (Amendment No. 4) Rules 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1569 |
| Year | 2015 |
2015No. 1569 (L. 20)
SENIOR COURTS OF ENGLAND AND WALES
COUNTY COURT, ENGLAND AND WALES
The Civil Procedure (Amendment No. 4) Rules 2015
22ndJuly2015
24thJuly2015
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997( 1) to 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
1.-(1) These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2015.
(2) These Rules come into force on 1st October 2015, except as provided in paragraph (3).
(3) Rules 9 and 10 of these Rules come into force on the day on which, and immediately after, section 91 of the Criminal Justice and Courts Act 2015( 2) comes into force.
(4) 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 1998( 3).
Amendments to the Civil Procedure Rules 1998
2. The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 11.
Amendment of Part 3 Table of Contents
3. In the Table of Contents for Part 3, after the entry for rule 3.1, insert the following entry-
"Case management - unrepresented parties |
Rule 3.1A". |
Amendment of rule 3.1
4. In rule 3.1(2)(m), after "objective" insert ", including hearing an Early Neutral Evaluation with the aim of helping the parties settle the case".
Insertion of new rule 3.1A
5. After rule 3.1, insert-
"Case management - unrepresented parties
3.1A.
-(1) This rule applies in any proceedings where at least one party is unrepresented.(2) When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.(3) Both the parties and the court must, when drafting case management directions in the multi-track and fast track, take as their starting point any relevant standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civiland adapt them as appropriate to the circumstances of the case.(4) The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.(5) At any hearing where the court is taking evidence this may include-(a) ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and(b) putting, or causing to be put, to the witness such questions as may appear to the court to be proper.".Amendment of rule 5.4D
6. After rule 5.4D, insert the following words in parentheses-
"(Rules 5.4, 5.4B and 5.4C are disapplied by rules 76.34, 79.30, 80.30, 82.18 and 88.33; and rule 5.4C is disapplied, and rule 5.4B applied subject to court order, by paragraph 23 of Practice Direction 8A.)".
Amendment of rule 7.4
7. In rule 7.4, in paragraph (3), for "separately from the claim form in accordance with paragraph (1)(b)," substitute ", then unless a copy of the particulars has already been filed,".
Amendment of rule 47.6
8. In rule 47.6, in paragraph (1)-
(a) at the end of sub-paragraph (a), omit "and"; and(b) at the end of sub-paragraph (b), insert-"; and
(c) if a costs management order has been made, a breakdown of the costs claimed for each phase of the proceedings".Amendment of Part...
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