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The Civil Procedure (Amendment No. 3) Rules 2020

Consolidated Text As Enacted Cited authorities 33 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2020/747
Year2020
(1) These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2020 and, subject to paragraphs (2) and (3) , come into force on 1st October 2020.(2) The amendments made by rule 9(3) and (4) of these Rules to Part 34 come into force immediately after the amendments made to Part 34 by the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019(3) The amendments made by rules 6 and 16(1) and (2) of these Rules to Part 30 and Part 83 respectively come into force on F120th September 2020.(4) 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 1998(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) No notice of eviction pursuant to rule 83.8A (as inserted by rule 16(1) of these Rules) may be delivered before F221st September 2020.
  • The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 17 of these Rules.
    • (1) In rule 3.12(2) , after “proceedings” insert “(or variation costs as provided in rule 3.15A) ”.(2) In rule 3.13, after paragraph (2) insert—
    • (3) The court—
    • (a) may, on its own initiative or on application, order the parties to file and exchange costs budgets in a case where the parties are not otherwise required by this Section to do so;
    • (b) shall (other than in an exceptional case) make an order to file and exchange costs budgets if all parties consent to an application for such an order.
    may, on its own initiative or on application, order the parties to file and exchange costs budgets in a case where the parties are not otherwise required by this Section to do so;shall (other than in an exceptional case) make an order to file and exchange costs budgets if all parties consent to an application for such an order.The court may, in a substantial case, direct that budgets are to be limited in the first instance to part only of the proceedings and extended later to cover the whole proceedings.Every budget must be dated and verified by a statement of truth signed by a senior legal representative of the party.Even though a litigant in person is not required to prepare a budget, each other party (other than a litigant in person) must provide the litigant in person with a copy of that party’s budget.(3) In rule 3.15, after paragraph (4) insert—
    • (5) Save in exceptional circumstances—
    • (a) the recoverable costs of initially completing Precedent H (the form to be used for a costs budget) shall not exceed the higher of—(i) £1,000; or(ii) 1% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted costs (agreed or approved) ; and
    • (b) all other recoverable costs of the budgeting and costs management process shall not exceed 2% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted (agreed or approved) costs.
      • (Precedent H is annexed to Practice Direction 3E.)
    £1,000; or1% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted costs (agreed or approved) ; andall other recoverable costs of the budgeting and costs management process shall not exceed 2% of the total of the incurred costs (as agreed or allowed on assessment) and the budgeted (agreed or approved) costs.The court may set a timetable or give other directions for future reviews of budgets.in the form approved or agreed with re-cast figures; andannexed to the order approving the budgeted costs or recording the parties’ agreement.A costs management order concerns the totals allowed for each phase of the budget, and while the underlying detail in the budget for each phase used by the party to calculate the totals claimed is provided for reference purposes to assist the court in fixing a budget, it is not the role of the court in the costs management hearing to fix or approve the hourly rates claimed in the budget.(4) After rule 3.15A insert—
      (3.15A) Revision and variation of costs budgets on account of significant developments (“variation costs”)
    • (1) A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.
    • (2) Any budgets revised in accordance with paragraph (1) must be submitted promptly by the revising party to the other parties for agreement, and subsequently to the court, in accordance with paragraphs (3) to (5) .
    • (3) The revising party must—
    • (a) serve particulars of the variation proposed on every other party, using the form prescribed by Practice Direction 3E;
    • (b) confine the particulars to the additional costs occasioned by the significant development; and
    • (c) certify, in the form prescribed by Practice Direction 3E, that the additional costs are not included in any previous budgeted costs or variation.
    A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.Any budgets revised in accordance with paragraph (1) must be submitted promptly by the revising party to the other parties for agreement, and subsequently to the court, in accordance with paragraphs (3) to (5) .serve particulars of the variation proposed on every other party, using the form prescribed by Practice Direction 3E;confine the particulars to the additional costs occasioned by the significant development; andcertify, in the form prescribed by Practice Direction 3E, that the additional costs are not included in any previous budgeted costs or variation.The revising party must submit the particulars of variation promptly to the court, together with the last approved or agreed budget, and with an explanation of the points of difference if they have not been agreed.The court may approve, vary or disallow the proposed variations, having regard to any significant developments which have occurred since the date when the previous budget was approved or agreed, or may list a further costs management hearing.Where the court makes an order for variation, it may vary the budget for costs related to that variation which have been incurred prior to the order for variation but after the costs management order.(5) In rule 3.17, after paragraph (2) insert—
    • (3) Subject to rule 3.15A, the court—
    • (a) may not approve costs incurred before the date of any costs management hearing; but
    • (b) may record its comments on those costs and take those costs into account when considering the reasonableness and proportionality of all budgeted costs.
    may not approve costs incurred before the date of any costs management hearing; butmay record its comments on those costs and take those costs into account when considering the reasonableness and proportionality of all budgeted costs.If an interim application is made but is not included in a budget, the court may, if it considers it reasonable not to have included the application in the budget, treat the costs of such interim application as additional to the approved budgets.(6) In rule 3.18(c) , for “paragraph 7.4 of Practice Direction 3E” substitute “3.17(3) ”.(1) In the table of contents for Part 7, after the entry for rule 7.1 insert—
      Claims against Welsh public bodies to be issued and heard in Wales Rule 7.1A
      Claims against Welsh public bodies to be forwarded for issue in Wales Rule 7.1B
    .    (2) After rule 7.1 insert—
      (7.1A) Claims against Welsh public bodies to be issued and heard in WalesUnless required otherwise by any enactment, rule or practice direction, any claim against Welsh public bodies which challenges the lawfulness of their decisions must be issued and heard in Wales.(7.1B) Claims against Welsh public bodies to be forwarded for issue in WalesIf a court or centre in England receives a claim which should pursuant to paragraph (1) be issued in Wales a court officer shall forward it for issue in the Administrative Court Office in Wales or other appropriate court office in Wales.
    .    Unless required otherwise by any enactment, rule or practice direction, any claim against Welsh public bodies which challenges the lawfulness of their decisions must be issued and heard in Wales.If a court or centre in England receives a claim which should pursuant to paragraph (1) be issued in Wales a court officer shall forward it for issue in the Administrative Court Office in Wales or other appropriate court office in Wales.
  • In rule 30.4, after paragraph (2) insert—
    • (3) Where—
    • (a) proceedings for the enforcement of a judgment or order for possession of land are transferred by the County Court to the High Court; and
    • (b) the land which is the subject of the possession order is located within the area of a District Registry,
      • then, unless the court orders otherwise on or following transfer, the transfer shall be to that District Registry and all applications made in the High Court in relation to such transferred proceedings (including for any stay or suspension of any writ) shall be made in that District Registry.
    • proceedings for the enforcement of a judgment or order for possession of land are transferred by the County Court to the High Court; andthe land which is the subject of the possession order is located within the area of a District Registry,
  • In rule 31.23, for the words in parentheses following paragraph (1) , substitute—
  • For rule 32.14 and the words in parentheses after it substitute—
    • Proceedings for contempt of court may be brought against a person who makes or causes to be made a false statement in a document, prepared in anticipation of or during proceedings and verified by a statement of truth, without an honest belief in its truth.(Part 22 makes provision for statements of truth.) (Part 81 contains provisions in relation to proceedings for contempt of court.) (1) In the table of contents for Part 34, after the entry for rule 34.7 insert—
      Fines imposed under section 55 of the County Courts Act 1984
    (2) After rule 34.7 insert—
      (34.7A) Fines imposed under section 55 of the County Courts Act 1984If a person has failed to comply with an order under section 55 of the County Courts Act 1984 but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that that person give evidence by witness statement, affidavit or otherwise.(Part 70 contains general rules about fines imposed under the County Courts Act 1984.)
    .    If a person has failed to comply with an order under section 55 of the County Courts Act 1984 but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that that person give evidence by witness statement, affidavit or otherwise.(Part 70 contains general rules about fines imposed under the County Courts Act 1984.) at the end of sub-paragraph (a) , insert “; and”; andafter sub-paragraph (a) insert—
      • ...

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