The Civil Procedure (Amendment No. 5) Rules 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/3361 |
2003 No. 3361 (L. 38)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
The Civil Procedure (Amendment No. 5) Rules 2003
Made 21th December 2003
Laid before Parliament 7th January 2004
Coming into force in accordance with rule 1
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, make the following Rules:
Citation, commencement and interpretation
1. These Rules may be cited as the Civil Procedure (Amendment No. 5) Rules 2003 and shall come into force—
(a) for the purposes of rules 2, 3, 6, 7, 8, 11 and 34, and this rule, on 1st February 2004;
(b) for the purposes of rule 9, on 1st March 2004;
(c) for the purposes of rules 4, 10, 14-21, 23-29, 32 and 33, on 1st April 2004; and
(d) for all other purposes, on 1st May 2004.
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. After rule 7.11 insert—
“Electronic issue of claims
7.12.—(1) A practice direction may make provision for a claimant to start a claim by requesting the issue of a claim form electronically.
(2) The practice direction may, in particular—
(a)
(a) specify—
(i) the types of claim which may be issued electronically; and
(ii) the conditions which a claim must meet before it may be issued electronically;
(b)
(b) specify—
(i) the court where the claim will be issued; and
(ii) the circumstances in which the claim will be transferred to another court;
(c)
(c) provide for the filing of other documents electronically where a claim has been started electronically;
(d)
(d) specify the requirements that must be fulfilled for any document filed electronically; and
(e)
(e) provide how a fee payable on the filing of any document is to be paid where that document is filed electronically.
(3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.”.
4. In rule 21.1, in sub-paragraph (2)(b), for “his own affairs” substitute “his property and affairs”.
5. After rule 30.7 insert—
“Transfer of EC Competition Law claims
30.8. If in any proceedings in the Queen’s Bench Division, a district registry of the High Court or a county court, a party’s statement of case raises an issue relating to the application of Article 81 or Article 82 of the Treaty establishing the European Communities—
(a) rules 30.2 and 30.3 do not apply; and
(b) the court must transfer the proceedings to the Chancery Division of the High Court at the Royal Courts of Justice.”.
6. After rule 34.13, insert—
“Letter of request – Proceeds of Crime Act 2002
34.13A.—(1) This rule applies where a party to existing or contemplated proceedings in—
(a)
(a) the High Court; or
(b)
(b) a magistrates' court,
under Part 5 of the Proceeds of Crime Act 20023 (civil recovery of the proceeds etc. of unlawful conduct) wishes to take a deposition from a person who is out of the jurisdiction.
(2) The High Court may, on the application of such a party, order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.
(3) Paragraphs (4) to (7) of rule 34.13 shall apply irrespective of where the proposed deponent is, and rule 34.23 shall not apply in cases where the proposed deponent is in a Regulation State within the meaning of Section III of this Part.”.
7. In rule 34.23, at the beginning of paragraph (1), for “This” substitute “Subject to rule 34.13A, this”.
8. In rule 45.10(2), in sub-paragraph (b), at the end insert—
“or, where a body of a prescribed description within the meaning of section 30(1) of the Access to Justice Act 19994undertakes to meet liabilities incurred to pay the costs of other parties to proceedings, a sum not exceeding such additional amount of costs as would be allowed under section 30 in respect of provision made against the risk of having to meet such liabilities;”.
9. In rule 45.11, for paragraph (2) substitute—
“2 The amount of the success fee shall be 12.5% of the fixed recoverable costs calculated in accordance with rule 45.9(1), disregarding any additional amount which may be included in the fixed recoverable costs by virtue of rule 45.9(2).”.
10. In rule 52.12, for paragraph (1) substitute—
“1 The fact that a Part 36 offer or Part 36 payment has been made must not be disclosed to any judge of the appeal court who is to hear or determine—
(a) an application for permission to appeal; or
(b) an appeal,
until all questions (other than costs) have been determined.”.
11. In rule 52.16, after paragraph (6) insert—
“6A A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.”.
12. In rule 54.1, in paragraph (2), omit sub-paragraphs (b), (c) and (d).
13. In rule 54.3—
(a) in paragraph (2)—
(i) after “damages”, where it first occurs, insert “, restitution or the recovery of a sum due”; and
(ii) for “damages”, where it next occurs, substitute “such a remedy”; and
(b) in the cross-reference after paragraph (2), after “damages”, insert “, restitution or the recovery of a sum due”.
14. In rule 57.9, in sub-paragraph (4)(b), at the end insert “or the Central London County Court”.
15. In rule 63.7, in paragraph (3)—
(a) in sub-paragraph (a), omit “and pre-trial reviews”; and
(b) in sub-paragraph (c), for “rule 29.5(1)(c)” substitute “paragraph (1)(b) and (c)”.
In rule 63.9, in the heading, for “of” substitute “to”.
16. In rule 63.9, in the heading, for “of” substitute “to”.
17. For rule 63.16 substitute—
“63.16.—(1) Subject to paragraph (2), Part 6 applies to service of a claim form and any document under this Part.
(2) A claim form relating to a registered right may be served—
(a)
(a) on a party who has registered the right at the address for service given for that right in the United Kingdom Patent Office register, provided the address is within the jurisdiction; or
(b)
(b) in accordance with rule 6.19(1) or (1A) on a party who has registered the right at the address for service given for that right in the appropriate register at—
(i) the United Kingdom Patent Office; or
(ii) the Office for Harmonisation in the Internal Market.”.
18. In rule 74.19, in sub-paragraph (a)—
(a) at the end of sub-paragraph (iii), omit “or”; and
(b) after sub-paragraph (iv) insert—
“or
(v)
(v) article 71 of Council Regulation (EC) 6/2002of 12 December 2001 on Community designs;”.
19. In RSC Order 17, rule 1, in paragraph (2), for the words from “including” to the end of the paragraph, substitute—
“including references to—
(a) an individual authorised to act as an enforcement officer under the Courts Act 20035; and
(b) any other officer charged with the execution of process by or under the authority of the High Court.”.
20. In RSC Order 45, at the beginning insert—
“Interpretation
Rule 1A. In this Order, and in RSC Orders 46 and 47—
(a) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; and
(b) “relevant enforcement officer” means—
(i) in relation to a writ of execution which is directed to an single enforcement officer, that officer;
(ii) in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated.”.
21. In RSC Order 45, rule 2, after “the Sheriff or his officer” insert “or the relevant enforcement officer”.
In RSC Order 45, rule 8, delete “an order of mandamus,”.
22. In RSC Order 45, rule 8, delete “an order of mandamus,”.
23. In RSC Order 46, rule 8—
(a) in paragraph (3), after “directed” insert “or the relevant enforcement officer”; and
(b) in paragraph (4), after “sheriff” insert “or relevant enforcement officer”.
24. In RSC Order 46, rule 9—
(a) in paragraph (1), after “directed” insert “or the relevant...
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