The Civil Procedure (Amendment) Rules 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2178 |
| Year | 2008 |
2008 No. 2178 (L. 10)
Supreme Court Of England And Wales County Courts, England And Wales
The Civil Procedure (Amendment) Rules 2008
Made 7th August 2008
Laid before Parliament 15th August 2008
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, make the following Rules—
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2008.
(2) Except as provided in paragraphs (3) and (4), these Rules come into force on 1st October 2008.
(3) Rules 6(a), 7 and 38 of these Rules and Schedule 2 to these Rules come into force—
(a)
(a) in so far as they relate to European orders for payment made under Regulation (EC) No 1896/2006of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure2, on 12th December 2008; and
(b)
(b) in so far as they relate to the European small claims procedure under Regulation (EC) No 861/2007of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure3, on 1st January 2009.
(4) Rules 37(b), (c) and (d) of these Rules come into force on 12th December 2008.
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 19984;
(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 rule 2.3(1), in the parenthesis below the definition of “defendant’s home court”, for “Rule 6.5” substitute “Rule 6.23”.
4. In rule 3.7—
(a) in paragraph (4)(ii), for “shall” substitute “will”;
(b) in the parenthesis below paragraph (4)(ii), after “this rule” insert “and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 20075”;
(c) in paragraph (6)(b), for “shall” substitute “will”; and
(d) in paragraph (7), for “shall” substitute “will”.
5. For Part 6 substitute Part 6 (Service of documents) as set out in Schedule 1 to these Rules.
6. In Part 7—
(a) in rule 7.2, after the fourth parenthesis below paragraph (2) insert—
“(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)”;
(b) in rule 7.4(3)—
(i) for “he” substitute “the claimant”; and
(ii) omit “together with a certificate of service”;
(c) omit the parenthesis “(Rule 6.10 makes provision for a certificate of service).” below rule 7.4(3); and
(d) for rules 7.5 and 7.6 substitute—
“Service of a claim form
7.5.—(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.
Method of service |
Step required |
First class post, document exchange or other service which provides for delivery on the next business day |
Posting, leaving with, delivering to or collection by the relevant service provider |
Delivery of the document to or leaving it at the relevant place |
Delivering to or leaving the document at the relevant place |
Personal service under rule 6.5 |
Completing the relevant step required by rule 6.5(3) |
Fax |
Completing the transmission of the fax |
Other electronic method |
Sending the e-mail or other electronic transmission |
(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.
Extension of time for serving a claim form
7.6.—(1) The claimant may apply for an order extending the period for compliance with rule 7.5.
(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made—
(a)
(a) within the period specified by rule 7.5; or
(b)
(b) where an order has been made under this rule, within the period for service specified by that order.
(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if—
(a)
(a) the court has failed to serve the claim form; or
(b)
(b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
(c)
(c) in either case, the claimant has acted promptly in making the application.
(4) An application for an order extending the time for compliance with rule 7.5—
(a)
(a) must be supported by evidence; and
(b)
(b) may be made without notice.”.
7. In rule 8.1, after the parenthesis below paragraph (6) insert—
“(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)”.
8. In Part 10—
(a) in rule 10.3(2)—
(i) in sub-paragraph (a)—
(aa) for “6.22” substitute “6.35”; and
(bb) after “jurisdiction” insert “under rule 6.32 or 6.33”;
(ii) in sub-paragraph (b), for “6.16(4)” substitute “6.12(3)”; and
(iii) in sub-paragraph (c)—
(aa) for “6.21(4)” substitute “6.37(5)”; and
(bb) for “Practice Direction 6B” substitute “Practice Direction B supplementing Part 6”;
(b) in rule 10.5(a) for “his” substitute “the defendant’s”; and
(c) in the first parenthesis below rule 10.5(b)—
(i) for “6.5” substitute “6.23”; and
(ii) for “jurisdiction” substitute “United Kingdom”.
9. In Part 12—
(a) for the second parenthesis below rule 12.3(3)(c)(ii) substitute—
“(Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.)”;
(b) for the third parenthesis below rule 12.3(3)(c)(ii) substitute—
“(Article 19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies in relation to judgment in default where the claim form is served in accordance with that Regulation.)”;
(c) in rule 12.4(4), for “rule 6.5(8)” substitute “rule 6.10”;
(d) in rule 12.10—
(i) at the beginning of paragraph (b) for “he” substitute “the claimant”;
(ii) in paragraph (b)(i)—
(aa) for “6.19(1) or (1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and
(bb) for “service without leave” substitute “service where permission of the court is not required”; and
(iii) in paragraph (b)(ii), for “Regulation State” substitute “Member State”;
(e) in rule 12.11(4)(a), for “6.19(1) or 6.19(1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and
(f) in rule 12.11(6)—
(i) in sub-paragraph (a)(ii), for “Regulation State” substitute “Member State”;
(ii) in sub-paragraph (d), after “;” insert “and”;
(iii) in sub-paragraph (e), for “; and” substitute “.”; and
(iv) omit sub-paragraph (f).
10. For the second parenthesis below rule 13.3(2) substitute—
“(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)”.
11. In rule 14.2(2)—
(a) in sub-paragraph (a)—
(i) for “6.22” substitute “6.35”; and
(ii) after “jurisdiction” insert “under rule 6.32 or 6.33”; and
(b) in sub-paragraph (b), for “6.16(4)” substitute “6.12(3)”.
12. In rule 15.4(2)—
(a) in sub-paragraph (a)—
(i) for “6.23” substitute “6.35”; and
(ii) after “jurisdiction” insert “under rule 6.32 or 6.33”;
(b) in sub-paragraph (b), for “he” substitute “the defendant”; and
(c) in sub-paragraph (d), for “6.16(4)” substitute “6.12(3)”.
13. In Part 16—
(a) in rule 16.5(8), for “he” substitute “the defendant”; and
(b) in the second parenthesis below rule 16.5(8)—
(i) for “6.5” substitute “6.23”; and
(ii) for “jurisdiction” substitute “United Kingdom”.
14. For the parenthesis below rule 20.13(2) substitute—
“(Part 66 contains provisions about counterclaims and other Part 20 claims in relation to proceedings by or against the Crown.)”.
15. In Part 21—
(a) in the first parenthesis below rule 21.1(2)(e), for “Rule 6.6 contains” substitute “Rules 6.13 and 6.25 contain”;
(b) in rule 21.5(4)—
(i) in sub-paragraph (a), for “6.6” substitute “6.13”; and
(ii) in sub-paragraph (b), for “he files” substitute “filing”;
(c) in the parenthesis below rule 21.5(4)(b), for “Rule 6.10 sets” substitute “Rules 6.17 and 6.29 set”; and
(d) in rule 21.8(1), for “6.6” substitute “6.13”.
16. In the second parenthesis below rule 26.3(7), for “Rule 6.7 specifies” substitute “Rules 6.14 and 6.26 specify”.
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