The Civil Procedure (Amendment No. 4) Rules 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/855 |
| Year | 2021 |
(1) These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2021 and come into force on 1st October 2021, except as provided by paragraph (2) .(2) The amendment made by rule 12 of these Rules comes into force on 7th August 2021.(3) 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 1998The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 13 of these Rules. at the end of the definition of “summary judgment”, for the full stop substitute a semi-colon; and after the definition of “summary judgment” insert— in sub-paragraph (a) , for “the settlement of the claim” substitute “a settlement or compromise or a payment (including any voluntary interim payment) which relates to the claim”; andfor “compromise of the claim” substitute “compromise or a payment (including any voluntary interim payment) which relates to the claim”; andat the end of paragraph (ii) , insert “or payment (including any voluntary interim payment) ”.at the end of sub-paragraph (a) , delete “or”;at the end of sub-paragraph (b) , for the full stop substitute “; or”; andafter sub-paragraph (b) insert—In rule 24.3, for paragraph (2) substitute— a mortgagor; ora tenant or a person holding over after the end of the tenancy whose occupancy is protected within the meaning of the Rent Act 1977after “claim” insert “or counterclaim”; and after “out” insert “for non-payment of fees”; in paragraph (1) (a) , after “interim injunction after paragraph (1) insert— the court has granted an interim injunction in a counterclaim to a defendant who has brought the counterclaim; andthe counterclaim is struck out under rule 3.7A (sanctions for non-payment of certain fees by the defendant) or rule 3.7AA (sanctions for non-payment of the trial fee by the defendant) ,in paragraph (2) , after “paragraph (1) ,” insert “or...
- (c) costs incurred where a detailed assessment of costs has been dispensed with under rule 46.4(3) in the circumstances set out in Practice Direction 46.
- (2) The court may give summary judgment against a defendant in any type of proceedings except proceedings for possession of residential premises against—
- (a) a mortgagor; or
- (b) a tenant or a person holding over after the end of the tenancy whose occupancy is protected within the meaning of the Rent Act 1977 or the Housing Act 1988.
- (1A) If—
- (a) the court has granted an interim injunction in a counterclaim to a defendant who has brought the counterclaim; and
- (b) the counterclaim is struck out under rule 3.7A (sanctions for non-payment of certain fees by the defendant) or rule 3.7AA (sanctions for non-payment of the trial fee by the defendant) , the interim injunction shall cease to have effect 14 days after the date on which the counterclaim is struck out, unless paragraph (2) applies.
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