The Civil Procedure (Amendment No. 5) Rules 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1881 |
2015No. 1881 (L. 22)
SENIOR COURTS OF ENGLAND AND WALES
COUNTY COURT, ENGLAND AND WALES
The Civil Procedure (Amendment No. 5) Rules 2015
10thNovember2015
12thNovember2015
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 the Civil Procedure Act 1997, makes the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No. 5) Rules 2015.
2. These Rules come into force on 3rd December 2015.
3. In these Rules a reference to a rule by number alone means the rule so numbered in the Civil Procedure Rules 1998( 2).
Amendments to the Civil Procedure Rules 1998
4. In rule 26.2A-
(a) in paragraph (2), for "the preferred court or the defendant's home court or such other court", substitute "the defendant's home court or the preferred hearing centre or other County Court hearing centre";(b) in paragraph (3)-(i) after "if the defendant is an individual", insert "and the claim is for a specified sum of money"; and(ii) for "will", in each place it appears, substitute "must";(c) in paragraph (4)-(i) for "will", substitute "must"; and(ii) for "preferred court", substitute "preferred hearing centre"; and(d) for paragraph (5), substitute-"(5) If, on their directions questionnaire-(a) a defendant under paragraph (3) has specified a hearing centre other than the defendant's home court; or(b) a claimant under paragraph (4) has specified a hearing centre other than the preferred hearing centre,the claim must be sent to that other hearing centre.".
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The Right Honourable Lord Dyson, MR Stephen Richards, LJ Mr Justice Coulson His Honour Judge Martin McKenna District Judge Michael Hovington Edward Pepperall QC Richard Viney Andrew Underwood |
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I allow these Rules Signed by authority of the Lord Chancellor |
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Shailesh Vara Parliamentary Under Secretary of State Ministry of Justice |
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10th November 2015 |
EXPLANATORY NOTE
(This note is not part of the Rules)
These Rules amend rule 26.2A of the Civil Procedure Rules 1998 (CPR) ( SI 1998/3132), to provide that, in the County Court, if a defendant is an individual, their claim will only be sent to the defendant's home court (defined in Part 2 of the CPR) if the claim is for a specified sum of money. In all other cases, the claim will be sent to the preferred hearing centre...
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