The Civil Procedure (Amendment) Rules 2021
| Jurisdiction | UK Non-devolved |
2021 No. 117 (L. 2)
Senior Courts Of England And Wales
County Court, England And Wales
The Civil Procedure (Amendment) Rules 2021
Made 28th January 2021
Laid before Parliament 3rd February 2021
Coming into force 6th April 2021
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 19971to make rules under section 1 of and Schedule 1 to that Act and after fulfilling the requirements of section 2(6) of that Act, makes the following Rules.
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2021 and come into force on 6th April 2021.
(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.
Transitional and saving provision
2. The amendments made by rules 15, 17(1) and (3), 18, 19(1) to (6) and (8), 20 and 21 do not apply to applications—
(a) in relation to contempt of court; or
(b) in relation to a writ of sequestration,
that are made before 6th April 2021.
Amendments to the Civil Procedure Rules 1998
3. The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 20 of these Rules.
Amendment of Part 1
4.—(1) In the list of contents at the beginning of Part 1, after the entry for rule 1.5 insert—
“Participation of vulnerable parties or witnesses |
Rule 1.6”. |
(2) In rule 1.1(2)(a), after “footing” insert “and can participate fully in proceedings, and that parties and witnesses can give their best evidence”.
(3) After rule 1.5 insert—
“Participation of vulnerable parties or witnesses
1.6. Practice Direction 1A makes provision for how the court is to give effect to the overriding objective in relation to vulnerable parties or witnesses.”.
Amendment of Part 3
5. In rule 3.17(3)(a), for “before” substitute “up to and including”.
Amendment of Part 6
6. In rule 6.33, for paragraph (2B) substitute—
“2B The claimant may serve the claim form on a defendant outside the United Kingdom where, for each claim made against the defendant to be served and included in the claim form—
(a) the court has power to determine that claim under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention; or
(b) a contract contains a term to the effect that the court shall have jurisdiction to determine that claim.”.
Amendment of Part 12
7. In rule 12.11(4)(a), after “2005 Hague Convention” insert “or made in respect of a contract where the contract contains a term to the effect that the court shall have jurisdiction to determine each claim made against the defendant to be served”.
Amendment of Part 32
8.—(1) In rule 32.12, after paragraph (2) insert—
“3 This rule applies to affidavits in the same way as it applies to witness statements.”.
(2) At the end of rule 32.15 insert—
“(Rule 32.12 makes provision about the use of affidavits for purposes other than the proceedings in which they are served.)”.
Amendment of Part 36
9. In rule 36.5, after paragraph (4) insert—
“5 A Part 36 offer to accept a sum of money may make provision for accrual of interest on such sum after the date specified in paragraph (4). If such an offer does not make any such provision, it shall be treated as inclusive of all interest up to the date of acceptance if it is later accepted.”.
Amendment of Part 40
10. At the end of rule 40.14A insert—
“(Rule 83.19 provides for what happens where a request for a certificate of judgment is made under this rule for the purpose of enforcing a judgment or order in the High Court, including (under rule 83.19(4)) that where certain proceedings are pending, the request for the certificate will not be dealt with until those proceedings are determined.)”.
Amendment of Part 44
11.—(1) In rule 44.3(5)—
(a)
(a) at the end of sub-paragraph (d), omit “and”;
(b)
(b) at the end of sub-paragraph (e) insert “; and”; and
(c)
(c) after sub-paragraph (e) insert—
“(f)
“(f) any additional work undertaken or expense incurred due to the vulnerability of a party or any witness.”.
Amendment of Part 51
12.—(1) Omit rule 51.1.
(2) After rule 51.2 insert—
“Temporary modifications for coronavirus or other emergency
51.3. Practice directions may modify or disapply any provision of these rules—
(a) for specified periods; and
(b) in relation to proceedings in specified courts,
in order to address issues for the work of the courts arising from the coronavirus (SARS-CoV-2) outbreak or any other public emergency.”.
Amendment of Part 55
13. In the list of contents at the beginning of Part 55, in the entry for the rule headed “Coronavirus – temporary provision”, for “Rule 34.7A” substitute “Rule 55.A1”.
Amendment of Part 61
14. In rule 61.9—
(a) in paragraph (1)—
(i) in sub-paragraph (a), after “if” insert “at the date on which judgment is entered”; and
(ii) in sub-paragraph (b), after “if” insert “at the date on which judgment is entered”; and
(b) in paragraph (2), after “if” insert “at the date on which judgment is entered”.
Amendment of Part 65
15.—(1) In rule 65.47, for paragraph (4) substitute—
“4 A contempt application may be issued even if the arrested person is not dealt with within the period in sub-paragraph (3)(a).”.
Amendment of Part 70
16.—(1) In the list of contents at the beginning of Part 70, after the entry for rule 70.6 insert—
“Debt respite scheme |
Rule 70.7”. |
(2) In rule 70.1(2), after sub-paragraph (c) insert—
“(ca)
“(ca) “judgment or order” also includes an award enforceable under the Judgments Regulation (Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)3) as if it were an order or judgment of the court, and in relation to such an award “the court which made the judgment or order” means the county court or the High Court.”.
(3) After rule 70.6 insert—
“Debt respite scheme
70.7.—(1) A practice direction may make provision for procedure relating to any debt respite scheme established under section 7 of the Financial Guidance and Claims Act 20184.
(2) The practice direction may modify or disapply any provision of these Rules as appropriate in relation to such a debt respite scheme.”.
Amendment of Part 71
17.—(1) In rule 71.2(7), for “imprisoned or fined, or your assets may be seized” substitute “punished by a fine, imprisonment, confiscation of assets or other punishment under the law”.
(2) In rule 71.7, for “judgment debtor” substitute “person ordered to attend court”.
(3) In rule 71.8, for paragraphs (2) to (4) substitute—
“2 That judge may, provided the judgment creditor has complied with rules 71.4 and 71.5, hold the person in contempt of court and make an order punishing them by a fine, imprisonment, confiscation of assets or other punishment under the law.
3 If such an order is made, the judge will direct that—
(a) the order shall be suspended, provided that the person—
(i) attends court at a time and place specified in the order; and
(ii) complies with all the terms of that order and the original order; and
(b) if the person fails to comply with any term on which the order is suspended, they shall be brought...
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