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The Civil Procedure (Amendment) Rules 2022

As Enacted Cited authorities 42 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2022/101
Year2022

2022 No. 101 (L. 4)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Procedure (Amendment) Rules 2022

Made 31th January 2022

Laid before Parliament 3rd February 2022

Coming into force in accordance with rule 1

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.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2022 and come into force on 6thApril 2022, except as provided by paragraph (2).

(2) The amendments made by rules 6 and 7 apply only to claims made on or after 6th April 2022.

(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 19982.

S-2 Transitional and saving provision

Transitional and saving provision

2. The amendments made by rules 8, 9, 10 and 13 apply to claims where either—

(a) the date on which the cause of action accrues; or

(b) the date of knowledge of the person injured,

is on or after 6th April 2022.

S-3 Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

3. The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 17 of these Rules.

S-4 Amendment of Part 1

Amendment of Part 1

4. In rule 1.1(1), omit “new”.

S-5 Amendment of Part 2

Amendment of Part 2

5. In rule 2.3(1)—

(a) for the definition of “filing” substitute—

“

“filing”, in relation to supplying a document or information to the court, means delivering the document or information, by post or otherwise, to the court office;

”; and

(b) after the definition of “litigation friend” insert—

“

“MyHMCTS” means the online case management tool managed by Her Majesty’s Courts and Tribunals Service;

S-6 Substitution of Part 10

Substitution of Part 10

6. For Part 10, substitute Part 10 set out in Schedule 1 to these Rules.

S-7 Substitution of Part 12

Substitution of Part 12

7. For Part 12, substitute Part 12 set out in Schedule 2 to these Rules.

S-8 Amendment of Part 16

Amendment of Part 16

8. In rule 16.3—

(a) in paragraph (3)—

(i) for “paragraph (3A)” substitute “paragraphs (3A) and (3AA); and

(ii) in sub-paragraphs (a) and (b), for “£1,000” substitute “£1,500”; and

(b) after paragraph (3A), insert—

“

S-3AA

3AA Where—

(a) a claim for personal injuries arises from a road traffic accident; and

(b) rule 26.6A applies to that claim,

the claimant must state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is—

(i) not more than £1,000; or

(ii) more than £1,000.

S-9 Amendment of Part 26

Amendment of Part 26

9. In rule 26.6(1)(a)(ii)(cc), for “£1,000” substitute “£1,500”.

S-10 Amendment of Part 27

Amendment of Part 27

10. In rule 27.1(2), in the words in parenthesis, in the second bullet point, for “£1,000” substitute “the relevant value specified in rule 26.6(1)(a)(ii)(aa), (bb) or (cc), being £5,000, £1,000 or £1,500, respectively”.

S-11 Amendment of Part 39

Amendment of Part 39

11. In rule 39.2(4), each time it appears, for “party or witness” substitute “person”.

S-12 Amendment of Part 42

Amendment of Part 42

12. In rule 42.2(3), for “The notice” substitute “Except in the case of notice filed at court using MyHMCTS, the notice”.

S-13 Amendment of Part 45

Amendment of Part 45

13. In rule 45.29E—

(a) in Table 6C, in Section A, in the entry for “agreed damages”, in the second column, for “£1,000” substitute “£1,500”; and

(b) in Table 6D, in Section A, in the entry for “agreed damages”, in the second column, for “£1,000” substitute “£1,500”.

S-14 Amendment of Part 47

Amendment of Part 47

14. In rule 47.3(1)(b)(ii)—

(a) for “rule” substitute “rules”; and

(b) at the end insert “and 47.14.(3) and (4) (sanction for delay in requesting a detailed assessment hearing)”.

S-15 Amendment of Part 52

Amendment of Part 52

15. In rule 52.10, after paragraph (1), in the words in parenthesis, for “Practice Direction 8C” substitute “Practice Direction 54D”.

S-16 Amendment of Part 54

Amendment of Part 54

16. In rules—

(a) 54.22(3); and

(b) 54.24,

for “Practice Direction 54E” substitute “Practice Direction 54D”.

S-17 Amendment of Part 65

Amendment of Part 65

17.—(1) In rule 65.18(1), after “court” insert “shall take appropriate steps to ensure that the respondent is aware of their entitlement to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test, and”.

(2) In rule 65.43(2)—

(a)

(a) at the end of sub-paragraph (b), omit “and”;

(b)

(b) at the end of sub-paragraph (c), for the full stop substitute “; and”; and

(c)

(c) after sub-paragraph (c), insert—

“

(d)

(d) must include a statement that the respondent is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test.

The Right Honourable Sir Geoffrey Vos, MR

Lord Justice Birss

Mr Justice Kerr

Mr Justice Trower

His Honour Judge Jarman QC

Master Cook

Tom Montagu-Smith QC

Lizzie Iron

John McQuater

David Wolfson

Parliamentary Under-Secretary of State for Justice

Ministry of Justice

31st January 2022

SCHEDULE 1

Rule 6

SCHEDULE 1

PART 10

ACKNOWLEDGMENT OF SERVICE

Contents of this Part

Title

Rule number

Acknowledgment of service

Rule 10.1

Consequence of not filing an acknowledgment of service

Rule 10.2

The period for filing an acknowledgment of service

Rule 10.3

Notice to claimant that defendant has filed an acknowledgment of service

Rule 10.4

Contents of acknowledgment of service

Rule 10.5

Amendment or withdrawal of an acknowledgment of service

Rule 10.6

Acknowledgment of service

This Part deals with the filing of an acknowledgment of service.

Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3.

A defendant must file an acknowledgment of service if—

they are unable to file a defence within the period specified in rule 15.4; or

they wish to dispute the court’s jurisdiction.

(Part 11 sets out the procedure for disputing the court’s jurisdiction.)

Consequence of not filing an acknowledgment of service

If—

a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; and

does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14,

the claimant may obtain default judgment if Part 12 allows it.

The period for filing an acknowledgment of service

The general rule is that the period for filing an acknowledgment of service is—

14 days after service of the particulars of claim where the defendant is served with a claim form which states that particulars of claim are to follow; and

14 days after service of the claim form in any other case.

The general rule is subject to the following rules—

rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

Notice to claimant that defendant has filed an acknowledgment of service

On receipt of an acknowledgment of service, the court must notify the claimant in writing.

Contents of acknowledgment of service

An acknowledgment of service must—

be on the relevant form;

be signed by the defendant or their legal representative or litigation friend; and

include the defendant’s address for service;

set out the defendant’s name in full. Where the defendant’s name has been incorrectly set out in the claim form, it must be correctly set out in the acknowledgment of service followed by the words ‘described as’ and the incorrect name.

(Rule 6.23 makes provision in relation to addresses for service.)

(Rule 19.8A modifies this Part where a notice of claim is served under that rule to bind a person not a party to the claim.)

If two or more defendants to a claim acknowledge service of the claim through the same legal representative at the same time, only one acknowledgment of service is required.

Where a defendant is a company or other corporation, a person holding a senior position in the company or corporation may sign the statement of truth on its behalf but must state the position they hold.

Each of the following is a person holding a senior position—

in respect of a registered company or corporation, a director, the treasurer, secretary, chief executive, manager or other officer of the company or corporation;

in respect of a corporation which is not a registered company, in addition to those persons set out in subparagraph (a), the mayor, chairman, president, town clerk or similar officer of the corporation.

Where a defendant is a partnership—

service must be acknowledged in the name of the partnership on behalf of all persons who were partners at the time when the cause of action accrued; and

the acknowledgment of service may be signed by any of those partners, or by any person authorised by any of those partners to sign it.

Children and protected parties may acknowledge service only by their litigation friend or legal representative unless the court otherwise orders.

Amendment or withdrawal of an acknowledgment of service

An acknowledgment of service may be amended or withdrawn only with the permission of the court.

An application for permission under paragraph (1)...

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