The Civil Procedure (Amendment No.7) Rules 2013

JurisdictionUK Non-devolved
CitationSI 2013/1974

2013 No. 1974 (L. 19)

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Procedure (Amendment No.7) Rules 2013

Made 7th August 2013

Laid before Parliament 9th August 2013

Coming into force 1st October 2013

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

Citation, commencement and interpretation

S-1 These Rules may be cited as the Civil Procedure (Amendment...

1. These Rules may be cited as the Civil Procedure (Amendment No.7) Rules 2013.

S-2 These Rules shall come into force on 1 st October 2013.

These Rules shall come into force on 1 st October 2013.

2. These Rules shall come into force on 1st October 2013.

S-3 In these Rules— a reference to a Part or rule by number alone...

3. 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 by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

S-4 In Part 3— in rule 3.1(2)(ll), for “serve an estimate of costs”...

4. In Part 3—

(a) in rule 3.1(2)(ll), for “serve an estimate of costs” substitute “exchange a costs budget”;

(b) in rule 3.7, in the words in parentheses that follow paragraph (4), for “44.12” substitute “44.9”; and

(c) in rule 3.7B, in the words in parentheses that follow paragraph (3), for “44.12” substitute “44.9”.

S-5 In rule 7.2, omit the words in the third and fourth sets of...

5. In rule 7.2, omit the words in the third and fourth sets of parentheses that follow paragraph (2).

S-6 In Part 8— in rule 8.2, omit the words in the third and fourth...

6. In Part 8—

(a) in rule 8.2, omit the words in the third and fourth sets of parentheses that follow subparagraph (e); and

(b) in rule 8.3, omit the words in the two sets of parentheses that follow paragraph (3).

S-7 In Part 15— in rule 15.6, omit the words in the second and...

7. In Part 15—

(a) in rule 15.6, omit the words in the second and third sets of parentheses that follow the rule; and

(b) for rule 15.8, substitute—

S-15.8

Reply to defence

15.8. If a claimant files a reply to the defence, the claimant must

(a) file the reply with a directions questionnaire; and

(b) serve the reply on the other parties at the same time as it is filed.

(Rule 26.3(1) and (6) requires the parties to file directions questionnaires and specifies the period for doing so).

(Part 22 requires a reply to be verified by a statement of truth).”.

S-8 In rule 16.2, omit the words in the second and third sets of...

8. In rule 16.2, omit the words in the second and third sets of parentheses that follow paragraph (5).

S-9 In Part 21— in rule 21.1, in the words in the second set of...

9. In Part 21—

(a) in rule 21.1, in the words in the second set of parentheses following paragraph (2), for “48.5” substitute “46.4”; and

(b) in rule 21.12, in the words in the parentheses following paragraph (3), for “44.1(1)(a)” substitute “44.1(1)”.

S-10 In rule 25.14, in the words in the parentheses following...

10. In rule 25.14, in the words in the parentheses following paragraph (2)(b), for “48.2” substitute “46.2”.

S-11 In rule 28.2(5), for “Part 46” substitute “Section VI of Part...

11. In rule 28.2(5), for “Part 46” substitute “Section VI of Part 45”.

S-12 In Part 29, in the title to rule 29.8, omit “fixing or”.

In Part 29, in the title to rule 29.8, omit “fixing or”.

12. In Part 29, in the title to rule 29.8, omit “fixing or”.

S-13 In Part 31, in the heading to rule 31.5, omit “limited to...

13. In Part 31, in the heading to rule 31.5, omit “limited to standard disclosure”.

S-14 In Part 36— in rule 36.1, in the words in parentheses that...

14. In Part 36—

(a) in rule 36.1, in the words in parentheses that follow paragraph (2), for “44.3” substitute “44.2”;

(b) in rule 36.10—

(i) in the words in the first set of parentheses that follows paragraph (3), for “44.4(2)” substitute “44.3(2)”; and

(ii) in the words in the second set of parentheses that follows paragraph (3), for “44.12” substitute “44.9”; and

(c) in rule 36.14—

(i) in paragraph (2)(a), omit “his”; and

(ii) in the words in parentheses that follow paragraph (6), for “44.3” substitute “44.2”.

S-15 In Part 38— in rule 38.6, in the words in parentheses after...

15. In Part 38—

(a) in rule 38.6, in the words in parentheses after paragraph (3), for “44.12” substitute “44.9”; and

(b) in rule 38.8, in the words in parentheses after paragraph (2) for “44.3C and 44.12” substitute “44.9 and 46.7”.

S-16 In rule 39.4, in the words in parentheses following the...

16. In rule 39.4, in the words in parentheses following the reference to rule 29.8, omit “fixing or”.

S-17 In rule 40.18, in the words in parentheses following paragraph...

17. In rule 40.18, in the words in parentheses following paragraph (2), for “the Costs Practice Direction” substitute “paragraph 5.2 of Practice Direction 44.”.

S-18 In rule 42.2, omit the words in the second set of parentheses...

18. In rule 42.2, omit the words in the second set of parentheses that follow paragraph (6).

S-19 After rule 44.9(1)(a), insert- a1 rule 3.7B (sanctions for...

19. After rule 44.9(1)(a), insert-

S-a1

“a1 rule 3.7B (sanctions for dishonouring cheque);”.

S-20 In Part 45— In the index to that Part, in the entry for Section...

20. In Part 45—

(a) In the index to that Part, in the entry for Section IV, for “A PATENTS COUNTY COURT” substitute “THE INTELLECTUAL PROPERTY ENTERPRISE COURT”;

(b) in rule 45.18(6), for “value added tax (VAT)” substitute “VAT”;

(c) in the heading to Section IV, for “A PATENTS COUNTY COURT” substitute “THE INTELLECTUAL PROPERTY ENTERPRISE COURT”;

(d) in rule 45.29E, in Table D, in part A, in the entry for fixed costs where the agreed damages are more than £5,000, but less than £10,000, in subparagraph (b), for “10.5%” substitute “10%”;

(e) in rule 45.29H(3)—

(i) for “if” substitute “If”; and

(ii) for “; and” substitute “.”;

(f) in rule 45.30—

(i) in paragraph (1), for “a patents county court” substitute “the Intellectual Property Enterprise Court”; and

(ii) in paragraph (2)(b), after “certified by a court” insert “or by the Comptroller-General of Patents, Designs and Trade Marks”;

(g) in rule 45.31—

(i) after paragraph (4) insert—

S-4A

“4A Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 45 – Fixed Costs—

(a) court fees;

(b) costs relating to the enforcement of any court order; and

(c) wasted costs.”; and

(ii) in paragraph (5), for “value added tax (VAT)” substitute “VAT”; and

(h) at the end of rule 45.38(3)(a)(ii), for “.” substitute “; and”.

S-21 In Part 46— for rule 46.6(4), substitute— 4 The general rule is...

21. In Part 46—

(a) for rule 46.6(4), substitute—

S-4

“4 The general rule is that a group litigant who is the paying party will, in addition to any liability to pay the receiving party, be liable for—

(a) the individual costs of that group litigant’s claim; and

(b) an equal proportion, together with all the other group litigants, of the common costs.”; and

(b) in rule 46.7(1)(a), for “he” substitute “the”.

S-22 In rule 47.15, for paragraph (5) substitute— 5 In proceedings...

22. In rule 47.15, for paragraph (5) substitute—

S-5

“5 In proceedings which do not go beyond provisional assessment, the maximum amount the court will award to any party as costs of the assessment (other than the costs of drafting the bill of costs) is £1,500 together with any VAT thereon and any court fees paid by that party.”.

S-23 In rule 52.1, in the words in parentheses that follow paragraph...

23. In rule 52.1, in the words in parentheses that follow paragraph 2, for “47.20 to 47.23” substitute “47.21 to 47.24”.

S-24 In rule 55.9(3), for “46.2” substitute “45.38”.

In rule 55.9(3), for “46.2” substitute “45.38”.

24. In rule 55.9(3), for “46.2” substitute “45.38”.

S-25 In rule 62.7(1), for “an allocation questionnaire” substitute...

25. In rule 62.7(1), for “an allocation questionnaire” substitute “a directions questionnaire”.

S-26 In Part 63— in the index to the Part— in the entry for Section...

26. In Part 63—

(a) in the index to the Part—

(i) in the entry for Section V, for “PATENTS COUNTY COURT” substitute “INTELLECTUAL PROPERTY ENTERPRISE COURT”; and

(ii) for the entry for rule 63.19 substitute “Enterprise judges and district judges”;

(b) in rule 63.1(2)—

(i) for subparagraph (g) substitute—

“(g)

“(g) ‘Intellectual Property Enterprise Court’ means a specialist list established within the Chancery Division of the High Court;”;

(ii) for subparagraph (h) substitute—

“(h)

“(h) ‘enterprise judge’ means a judge authorised by the Chancellor of the High Court to sit in the Intellectual Property Enterprise Court;”;

(iii) in subparagraph (j)—

(aa) in sub-subparagraph (iv), for “40/94” substitute “207/2009”;

(bb) in sub-subparagraph (v), at the end omit “and”;

(cc) in sub-subparagraph (vi), at the end insert “and”; and

(dd) after sub-subparagraph (vi), insert—

“(vii)

“(vii) Community plant variety rights maintained by the Community Plant Variety Right Office under Article 87 of Council Regulation (EC) No. 2100/94; and”; and

(c) in rule 63.1(3), after “allocated to the multi-track.” insert “Rule 26.3(1) applies save for the modification that the court will send the parties a notice requiring the parties to file proposed directions by the date specified in the notice. For a claim which is allocated to the multi-track by this rule, rule 26.3(1B) and rules 26.4 to...

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