The Civil Procedure (Amendment No. 4) Rules 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/867 |
| Year | 2014 |
2014 No. 867 (L. 16)
Senior Courts Of England And Wales County Court, England And Wales
The Civil Procedure (Amendment No. 4) Rules 2014
Made 28th March 2014
Laid before Parliament 1st April 2014
Coming into force 22th April 2014
The Civil Procedure Rule Committee, having power under 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. These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2014 and shall come into force on 22nd April 2014.
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 by “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and
(c) a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.
Amendments to the Civil Procedure Rules 1998
3. In CCR Orders 1, 28, 39, 44 and 49—
(a) unless amended elsewhere in these rules —
(i) for “a county court”, in each place, substitute “the County Court”;
(ii) for “county court”, in each place, substitute “County Court”;
(iii) for “county courts”, in each place, substitute “the County Court”; and
(iv) for “district judge”, in each place, substitute “District Judge”.
4. In rule 3.12—
(a) for paragraph (1) substitute—
“1 This Section and Practice Direction 3E apply to all Part 7 multi-track cases, except—
(a) where the claim is commenced on or after 22nd April 2014 and the amount of money claimed as stated on the claim form is £10 million or more; or
(b) where the claim is commenced on or after 22nd April 2014 and is for a monetary claim which is not quantified or not fully quantified or is for a non-monetary claim and in any such case the claim form contains a statement that the claim is valued at £10 million or more; or
(c) where the proceedings are the subject of fixed costs or scale costs or where the court otherwise orders.
1A This Section and Practice Direction 3E will apply to any other proceedings (including applications) where the court so orders.”.
5. In rule 3.15(2), for “By such order the court will—” substitute “Where costs budgets have been filed and exchanged the court will make a costs management order unless it is satisfied that the litigation can be conducted justly and at proportionate cost in accordance with the overriding objective without such an order being made. By a costs management order the court will—”.
Omit rule 5.2(1)(b)(ii).
6. Omit rule 5.2(1)(b)(ii).
In rule 26.2A(6)(c)(ii), for “execution” substitute “control”.
7. In rule 26.2A(6)(c)(ii), for “execution” substitute “control”.
8. In rule 45.8, in Table 5—
(a) in the entry for RSC Order 45 rule 3, for “RSC Order 45, rule 3” substitute “rule 83.13”;
(b) before the entry for RSC Order 46 rule 1, insert the following entry—
“Where a writ of control as defined in rule 83.1(2)(k) is issued against any party |
£51.75”; |
(c) in the entry for RSC Order 46 rule 1, for “the RSC Order 46, rule 1,” substitute “rule 83.1(2)(l)”;
(d) in the entry for CCR Order 26 rule 1, for “execution under CCR Order 26, rule 1,” substitute “control under rule 83.15”.; and
(e) after the entry for rule 83.15 insert the following entry—
“Where a request is filed for the issue of a warrant of delivery under rule 83.15 for a sum exceeding £25 |
£2.25”. |
9. In rule 55.26(3), for “CCR Order 26, rule 17 does” substitute “Rules 83.2, 83.3 and 83.26(1) to (9) do”.
10. In rule 55.27(5), for “CCR Order 24, rule 6” substitute “Rule 83.26(10) to (12)”.
11. In rule 66.6(1)—
(a) for subparagraph (a), substitute “Rules 40.8A and 70.2A and Parts 69 to 73, 81, 83 and 84; and”;
(b) omit subparagraph (b); and
(c) in subparagraph (c), for “25 to 29” substitute “27 and 28”.
12. In rule 81.13(1)(d), for “Queen’s Bench Division” substitute “High Court”.
13. In rule 81.18(3)(a), for “Queen’s Bench Division” substitute “High Court”.
14. In rule 81.35, for “an officer of the court” substitute “a person”.
In rule 81.37(3), for “execution” substitute “control”.
15. In rule 81.37(3), for “execution” substitute “control”.
16. In Part 83, in the table of contents of the Part, after the entry for rule 83.2, insert the following entry—
“83.2A |
Application for permission to issue a writ of sequestration”. |
17. In rule 83.2, after paragraph (7), insert—
“7A Where—
(a) the court grants permission, under this rule or otherwise, for the issue of a writ of execution or writ of control (“the permission order”); and
(b) the writ is not issued within one year after the date of the permission order,
the permission order will cease to have effect.
7B Where a permission order has ceased to have effect, the court may grant a fresh permission order.”.
18. After rule 83.2, insert—
“Application for permission to issue a writ of sequestration
83.2A. Notwithstanding anything in rule 83.2, an application for permission to issue a writ of sequestration must be made in accordance with Part 81 and in particular Section 7 of that Part.”.
19. In CCR Order 1, rule 6—
(a) in paragraph (b)—
(i) for “taxing officer” substitute “Taxing Officer”; and
(ii) for “registrar” substitute “Registrar”;
(b) in paragraph (d), for “County Court office” substitute “office of a County Court hearing centre”.
Omit CCR Order 16.
20. Omit CCR Order 16.
21. In CCR Order 28—
(a) in the table of contents to the Order, omit the entry for rule 12;
(b) in rule 1—
(i) in paragraph (1), for “court for the district in which”, in both places, substitute “County Court hearing centre which serves the address where”;
(ii) in paragraph (2), for “his” substitute “the”; and
(iii) in paragraph (3), for “he” substitute “the judgment creditor”;
(c) in rule 2—
(i) in paragraph (2) for “within the district of the court” substitute “at an address which is served by the County Court hearing centre”; and
(ii) in paragraph (3), for “him” substitute “the debtor”; and
(iii) in paragraph (3)(a), for “he” substitute “the debtor”;
(d) in rule 4(2)—
(i) for “his” substitute “the debtor’s”; and
(ii) omit “to him”;
(e) in rule 5(1)(b)(i), for “he has made default” substitute “default has been made”;
(f) in rule 7—
(i) in paragraph (1), for “judge” substitute “court”;
(ii) in paragraph (3), for “judge” substitute “court”;
(iii) in paragraph (4)—
(aa) for “he desires” substitute “desired”;
(bb) for “his” substitute “the debtor’s”; and
(cc) for “judge” substitute “court”;
(g) in rule 8(1), for “judge” substitute “court”;
(h) in rule 10(2)(a)(i), for “judge” substitute “court”;
(i) in rule 11, omit paragraph (3);
(j) omit rule 12;
(k) in rule 13(1)—
(i) in paragraph (a) omit “responsible for the execution of the warrant”;
(ii) omit subparagraph (b); and
(iii) in subparagraph (c), for “he” substitute “the gaoler”; and
(l) in rule 14—
(i) in paragraph (1), for “the district judge” substitute “court”;
(ii) in paragraph (2)—
(aa) omit “his” in each place; and
(bb) for “he”, in each place, substitute “the debtor”; and
(iii) in paragraph (3), for “judge” substitute “court”.
22. In CCR Order 39—
(a) in the table of contents to the Order, in the entry for rule 1, omit “by district judge”;
(b) in rule 1—
(i) in the heading to the rule, omit “by district judge”; and
(ii) for “the district judge”, substitute “a judge of the County Court”;
(c) in rule 2—
(i) in paragraph (1), for “in the court for the district in which he” substitute “at the County Court hearing centre which serves the address where the debtor”;
(ii) in paragraph (2)—
(aa) omit “his” in each place;
(bb) for “which he owes” substitute “owed”; and
(cc) before “resources and needs” insert “the debtor’s”;
(d) in rule 5—
(i) in paragraph (2), for “he” substitute “the court officer”
(ii) in...
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