The Civil Procedure (Amendment) Rules 2018

JurisdictionUK Non-devolved
CitationSI 2018/239
Year2018

2018 No. 239 (L. 3)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment) Rules 2018

Made 23th February 2018

Laid before Parliament 28th February 2018

Coming into force 6th April 2018

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to make rules under section 1 of that Act and after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2018 and come into force on 6th April 2018.

(2) 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 19982.

S-2 Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

2. The Civil Procedure Rules 1998 are amended in accordance with Rule 3 of these Rules.

S-3 Amendment of Part 45

Amendment of Part 45

3. In Part 45—

(a) in rule 45.42(1), for paragraph (b) substitute—

“(b)

“(b) filed and served with the claim form a schedule of the claimant’s financial resources, which is verified by a statement of truth and provides details of—

(i) the claimant’s significant assets, liabilities, income and expenditure; and

(ii) in relation to any financial support which any person has provided or is likely to provide to the claimant, the aggregate amount which has been provided and which is likely to be provided.”; and

(b) in rule 45.44—

(i) in paragraph (2), after the words “remove such a limit only” insert “on an application made in accordance with paragraphs (5) to (7) (“an application to vary”) and”; and

(ii) after paragraph (4), above the words in parentheses, insert—

S-5

“5 Subject to paragraph (6), an application to vary must—

(a) if made by the claimant, be made in the claim form and provide the claimant’s reasons why, if the variation were not made, the costs of the proceedings would be prohibitively expensive for the claimant;

(b) if made by the defendant, be made in the acknowledgment of service and provide the defendant’s reasons why, if the variation were made, the costs of the proceedings would not be prohibitively expensive for the claimant; and

(c) be determined by the court at the earliest opportunity.

S-6

6 An application to vary may be made at a later stage if there has been a significant...

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