The Civil Procedure (Amendment) Rules 2009
| Jurisdiction | UK Non-devolved |
2009 No. 2092 (L. 24)
Supreme Court Of England And Wales
The Civil Procedure (Amendment) Rules 2009
Made 28th July 2009
Laid before Parliament 30th July 2009
Coming into force in accordance with rule 1
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, makes the following Rules—
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2009.
(2) Except as provided in paragraph (3), these Rules come into force on 1st October 2009.
(3) Rule 13 of these Rules comes into force on 31st August 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 Part 6—
(a) in rule 6.3—
(i) in paragraph 2(b), for “set out in the Companies Act 19853or” substitute “permitted under”; and
(ii) in paragraph 3(b) for “set out in section 725 of the Companies Act 1985.” substitute “permitted under the Companies Act 20064as applied with modification by regulations made under the Limited Liability Partnerships Act 20005.”;
(b) in rule 6.20—
(i) in paragraph 2(b), for “set out in the Companies Act 1985 or” substitute “permitted under”; and
(ii) in paragraph 3(b) for “set out in section 725 of the Companies Act 1985.” substitute “permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000.”; and
(c) in rule 6.52(2)(a), for “Supreme Court” substitute “Senior Courts”.
4. In rule 34.19(2)(a), for “Supreme Court” substitute “Senior Courts”.
5. In Part 35—
(a) in the table of contents, for “Interpretation” insert “Interpretation and definitions”;
(b) for rule 35.2 substitute—
“Interpretation and definitions
35.2.—(1) A reference to an ‘expert’ in this Part is a reference to a person who has been instructed to give or prepare expert evidence for the purpose of proceedings.
(2) ‘Single joint expert’ means an expert instructed to prepare a report for the court on behalf of two or more of the parties (including the claimant) to the proceedings.”;
(c) for rule 35.3(1) substitute “It is the duty of experts to help the court on matters within their expertise”;
(d) in rule 35.3(2), for “he has received instructions or by whom he is paid” substitute “experts have received instructions or by whom they are paid.”;
(e) for rule 35.4(2) substitute—
“2 When parties apply for permission they must identify—
(a) the field in which expert evidence is required; and
(b) where practicable, the name of the proposed expert.”;
(f) in rule 35.4(3) omit “under this rule”;
(g) after rule 35.4(3) insert—
“3A Where a claim has been allocated to the small claims track or the fast track, if permission is given for expert evidence, it will normally be given for evidence from only one expert on a particular issue.
(Paragraph 7 of practice direction 35 sets out some of the circumstances the court will consider when deciding whether expert evidence should be given by a single joint expert.)”
(h) for rule 35.4(4) substitute—
“4 The court may limit the amount of a party’s expert’s fees and expenses that may be recovered from any other party.”;
(i) in rule 35.5(2), after “If a claim is on the” insert “small claims track or the”;
(j) in rule 35.6—
(i) for paragraph (1) substitute—
“1 A party may put written questions about an expert’s report (which must be proportionate) to—
(a) an expert instructed by another party; or
(b) a single joint expert appointed under rule 35.7.”; and
(ii) in paragraph (4)(a) omit “in accordance with this rule”;
(k) for rule 35.7 substitute—
“Court’s power to direct that evidence is to be given by a single joint expert
35.7.—(1) Where two or more parties wish to submit expert evidence on a particular issue, the court may direct that the evidence on that issue is to be given by a single joint expert.
(2) Where the parties who wish to submit the evidence (“the relevant parties”) cannot agree who should be the single joint expert, the court may—
(a)
(a) select the expert from a list prepared or identified by the relevant parties; or
(b)
(b) direct that the expert be selected in such other manner as the court may direct.”;
(l) in rule 35.8(1), for “each instructing” substitute “any relevant”;
(m) for rule 35.8(2) substitute—
“2 When a party gives instructions to the expert that party must, at the same time, send a copy to the other relevant parties.”;
(n) in rule 35.8(4)(b), for “the instructing” substitute “some or all of the relevant”;
(o) in rule 35.8(5), for “instructing” substitute “relevant”;
(p) in rule 35.9, for “available to the other party” substitute “available to another party”;
(q) in rule 35.10—
(i) in paragraph (1) for “the relevant practice direction” substitute “practice direction 35”;
(ii) for paragraph (2) substitute—
“2 At the end of an expert’s report there must be a statement that the expert understands and has complied with their duty to the court.”;
(r) for rule 35.12(3) substitute—
“3 The court may direct that following a discussion between the experts they must prepare a statement for the court setting out those issues on which—
(a) they agree; and
(b) they disagree, with a summary of their reasons for disagreeing.”;
(s) in rule 35.14—
(i) for paragraph (1) substitute—
“1 Experts may file written requests for directions for the purpose of assisting them in carrying out their functions.”; and
(ii) for paragraph (2) substitute—
“2 Experts must, unless the court orders otherwise, provide copies of the proposed requests for directions under paragraph (1)—
(a) to the party instructing them, at least 7 days before they file the requests; and
(b) to all other parties, at least 4 days before they file them.”; and
(t) for rule 35.15 substitute—
“Assessors
35.15.—(1) This rule applies where the court appoints one or more persons under section 70 of the Senior Courts Act 19816or section 63 of the County Courts Act 19847as an assessor.
(2) An assessor will assist the court in dealing with a matter in which the assessor has skill and experience.
(3) An assessor will take such part in the proceedings as the court may direct and in particular the court may direct an assessor to—
(a)
(a) prepare a report for the court on any matter at issue in the proceedings; and
(b)
(b) attend the whole or any part of the trial to advise the court on any such matter.
(4) If an assessor prepares a report for the court before the trial has begun—
(a)
(a) the court will send a copy to each of the parties; and
(b)
(b) the parties may use it at trial.
(5) The remuneration to be paid to an assessor is to be determined by the court and will form part of the costs of the proceedings.
(6) The court may order any party to deposit in the court office a specified sum in respect of an assessor’s fees and, where it does so, the assessor will not be asked to act until the sum has been deposited.
(7) Paragraphs (5) and (6) do not apply where the remuneration of the assessor is to be paid out of money provided by Parliament.”.
6. In rule 43.2(1)—
(a) In sub-paragraph (b) for “Supreme Court” substitute “Senior Courts”;
(b) after sub-paragraph (b) insert—
“(ba)
“(ba) “Costs Office” means the Senior Courts Costs Office;”;
(c) in sub-paragraph (d)(iv) for “Supreme Court Costs Office” substitute “Costs Office”; and
(d) in sub-paragraph (e) omit “as such”.
7. In Part 44—
(a) in the table of contents, after the entry “Costs-only proceeding” insert—
“Costs-only proceedings – costs in respect of insurance premium in publication cases |
Rule 44.12B”; |
(b) in rule 44.3B—
(i) at the beginning of paragraph (1), for “A” substitute “Unless the court orders otherwise, a”;
(ii) in paragraph (1)(c)—
(aa) omit “in the proceedings”; and
(bb) for “he” substitute “that party”;
(iii) in paragraph (1)(d)—
(aa) for “a party” substitute “that party”; and
(bb) for “conditional fee agreement.” substitute “conditional fee agreement;”; and
(iv) after paragraph (1)(d) insert—
“(e)
“(e) any insurance premium where that party has failed to provide information about the insurance policy in question by the time required by a rule, practice direction or court order.
(Paragraph 9.3 of the Practice Direction (Pre-Action Conduct) provides that a party must inform any other party as soon as possible about a funding arrangement entered into before the start of proceedings.)”;
(c) in rule 44.12A(4), after “(4A)” insert “(and subject to rule 44.12B)”; and
(d) after rule 44.12A insert—
“Costs-only proceedings – costs in respect of insurance premium in publication cases
44.12B.—(1) If in proceedings to which rule 44.12A applies it appears to the court that—
(a)
(a) if proceedings had been started, they would have been publication proceedings;
(b)
(b) one party admitted liability and made an offer of settlement on the basis of that admission;
(c)
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