The Civil Procedure (Amendment No.2) Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/3390 |
| Year | 2009 |
2009 No. 3390 (L. 31)
Senior Courts Of England And Wales County Courts, England And Wales
The Civil Procedure (Amendment No.2) Rules 2009
Made 22th December 2009
Laid before Parliament 30th December 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 No.2) Rules 2009.
(2) Except as provided in paragraphs (3), (4) and (5), these Rules come into force on 6th April 2010.
(3) Rules 3(a), 5(a) and 26(c) of these Rules come into force on 1st February 2010.
(4) Rules 28(d) and 29(a) and (c) of these Rules comes into force on 15th February 2010.
(5) Rules 3(b) and 6(f) of these Rules comes into force on 1st April 2010.
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; and
(b) a reference to an Order by number and prefixed “RSC” means the RSC Order so numbered in Schedule 1 to those Rules.
Amendments to the Civil Procedure Rules 1998
3. In Part 2—
(a) in rule 2.3(1), for the definition of “legal representative” substitute—
““legal representative” means a—
(a)
(a) barrister;
(b)
(b) solicitor;
(c)
(c) solicitor’s employee;
(d)
(d) manager of a body recognised under section 9 of the Administration of Justice Act 19853; or
(e)
(e) person who, for the purposes of the Legal Services Act 20074, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),
who has been instructed to act for a party in relation to proceedings;”; and
(b) in rule 2.8(5), for “When the period specified—” substitute “Subject to the provisions of Practice Direction 5C, when the period specified—”
4. In Part 5—
(a) in the parenthesis below rule 5.4(2), for “The practice direction” substitute “Practice Direction 5A”;
(b) in rule 5.4B(1), for “the Practice Direction” substitute “Practice Direction 5A”; and
(c) in the parenthesis below rule 5.4C(1A), for “The Practice Direction to this Part” substitute “Practice Direction 5A”.
5. In Part 6—
(a) in rule 6.2, for sub-paragraph (d) substitute—
“(d)
“(d) “solicitor” includes any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).”;
(b) in—
(i) rules 6.3(1)(b), 6.3(1)(d), 6.20(1)(b), 6.20(1)(d), 6.23(5) and 6.23(6); and
(ii) the parenthesis below rules 6.5(3) and 6.26,
for “Practice Direction A supplementing this Part” substitute “Practice Direction 6A”;
(c) in rule 6.6(1), after “rule” insert “6.7(2) or”;
(d) for rule 6.7 substitute—
“Service of the claim form on a solicitor within the jurisdiction or in any EEA state
6.7.—(1) Subject to rule 6.5(1), where—
(a)
(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or
(b)
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)
(2) Subject to rule 6.5(1) and the provisions of Section IV of this Part, where—
(a)
(a) the defendant has given in writing the business address within any EEA state of a solicitor as an address at which the defendant may be served with the claim form; or
(b)
(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any EEA state,
the claim form must be served at the business address of that solicitor.
(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)”
(e) in the parenthesis below rule 6.10(b), for “The practice direction supplementing Part 66” substitute “Practice Direction 66”;
(f) in rule 6.23(2)(a)—
(i) after “address” insert “either”; and
(ii) after “United Kingdom” insert “or any other EEA state”;
(g) in—
(i) rules 6.35(5), 6.36, 6.37(1)(a), 6.37(2), 6.42(3) and 6.43(2)(c);
(ii) the parenthesis below rules 6.37(5) and 6.42(3); and
(iii) the first parenthesis below rule 6.41,
for “Practice Direction B supplementing this Part” substitute “Practice Direction 6B”; and
(h) in the parenthesis below rules 6.6(2) and 6.23(1), for “the practice direction supplementing Part 16” substitute “Practice Direction 16”.
6. In Part 7—
(a) in rule 7.1, for “the relevant practice direction” substitute “the relevant practice directions supplementing this Part”;
(b) in the third parenthesis below rule 7.2(2), for “costs practice direction” substitute “Costs Practice Direction”;
(c) in rule 7.2A, for “The practice direction supplementing this Part” substitute “Practice Direction 7A”;
(d) in rule 7.4(3)—
(i) in sub-paragraph (a), for “the Practice Direction (Production Centre) supplementing Part 7” substitute “Practice Direction 7C”; and
(ii) in sub-paragraph (b), for “the Practice Direction (Money Claim Online) supplementing Part 7” substitute “Practice Direction 7E”;
(e) in rules 7.10(2) and 7.10(3), for “The relevant practice direction” substitute “Practice Direction 7C”; and
(f) after rule 7.12 insert—
“(Practice Direction 5C deals with electronic issue of claims started or continued under the Electronic Working scheme.)”.
7. In—
(a) the third parenthesis below rule 8.2; and
(b) the first parenthesis below rule 8.3,
for “costs practice direction” substitute “Costs Practice Direction”.
Omit the parenthesis below rule 9.2(c).
8. Omit the parenthesis below rule 9.2(c).
9. In rule 10.3(2)(c), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”.
10. In rule 14.1A(2), for “the Practice Direction to this Part” substitute “Practice Direction 14”.
11. In the second parenthesis below rule 15.6, for “costs practice direction” substitute “Costs Practice Direction”.
12. In the second parenthesis below rule 16.2, for “costs practice direction” substitute “Costs Practice Direction”.
13. In Part 19—
(a) in the parenthesis below 19.4A, for “A practice direction” substitute “Practice Direction 19A”;
(b) in rule 19.9A(4)(a), for “the practice direction supplementing this rule” substitute “Practice Direction 19C”; and
(c) in the parenthesis below rule 19.11(1), for “The practice direction” substitute “Practice Direction 19B”.
14. In rules 27.4(3)(a)(ii), 27.14(2)(b), 27.14(2)(e) and 27.14(2)(f), for “the relevant practice direction” substitute “Practice Direction 27”.
15. In Part 30—
(a) in rule 30.1(2), for “The practice direction may make” substitute “Practice Direction 30 makes”; and
(b) in the parenthesis below rule 30.6 omit “(Administrative Court (Venue))”.
16. In rules 32.8 and 32.16, for “the relevant practice direction” substitute “Practice Direction 32”.
17. In rules 34.7(b), 34.8(6)(b) and 34.22(a), for “the relevant practice direction” substitute “Practice Direction 34A”.
18. In—
(a) the parenthesis below rule 35.4(3A); and
(b) rule 35.10(1),
for “practice direction” substitute “Practice Direction”.
19. In the parenthesis below rule 36.5(7), for “A practice direction supplementing Part 41” substitute “Practice Direction 41B”.
20. In Part 40—
(a) in the parenthesis below rule 40.2(4), for “the Practice Direction supplementing Part 52” substitute “Practice Direction 52”; and
(b) in the parenthesis below rule 40.18, for “practice direction relating to Part 44” substitute “Costs Practice Direction”.
21. In rules 41.7, 41.9(2)(b) and 41.10, for “the practice direction” substitute “Practice Direction 41B”.
22. In Part 44—
(a) in—
(i) rule 44.3B(1)(d)(i);
(ii) the parenthesis below rules 44.7 and 44.17; and
(iii) the first parenthesis below rule 44.15(3),
for “costs practice direction” substitute “Costs Practice Direction”; and
(b) in rule 44.19(3)(a)(i), for “Practice Direction supplementing this rule” substitute “Costs Practice...
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