The Civil Procedure (Amendment No. 2) Rules 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/783 |
| Year | 2022 |
2022 No. 783 (L. 8)
Senior Courts Of England And Wales
County Court, England And Wales
The Civil Procedure (Amendment No. 2) Rules 2022
Made 11th July 2022
Laid before Parliament 15th July 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.
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2022 and come into force on 1st October 2022, except as provided by paragraphs (2) and (3).
(2) The amendments made by rules 22, 23 and 29 of these Rules come into force on 1st December 2022.
(3) The amendments made by rule 17(1)(b) and (7), rule 18 (in so far as that rule applies to scale costs for small claims in the Intellectual Property Enterprise Court) and rule 28 of these Rules apply only to claims made on or after 1st October 2022.
(4) In these Rules—
(a)
(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 19982; and
(b)
(b) a reference to “Schedule 1” means Schedule 1 to those Rules, and a reference to an Order by number and prefixed by “RSC” means the RSC Order so numbered in that Schedule.
Amendments to the Civil Procedure Rules 1998
2. The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 34 of these Rules.
Amendment of Part 2
3.—(1) In the table of contents—
(a)
(a) for the entry for rule 2.4 substitute—
“
Power to perform an act of the court |
”; and
(b)
(b) omit the entry for paragraph 2.4A.
(2) In rule 2.1, after paragraph (2) insert—
“
3 These Rules apply to proceedings under—
(a) the Companies Act 19853;
(b) the Companies Act 20054; and
(c) other legislation relating to companies and limited liability partnerships,
subject to the provisions of the relevant practice direction which applies to those proceedings.
(3) In rule 2.3(1)—
(a)
(a) omit “(Rule 6.23 provides for a party to give an address for service)”;
(b)
(b) for the definition of “filing” substitute—
“
“filing” means delivering a document or information, by post or otherwise, to the court office;
”; and
(c)
(c) after paragraph (1), insert—
“
1A Unless the contrary is indicated, a definition that applies to a Part of these Rules applies also to a practice direction supplementing that Part.
(4) In rule 2.4—
(a)
(a) for the heading to that rule substitute—
“
Power to perform an act of the court
”; and
(b)
(b) before “Where these Rules provide”, insert “(1)”.
(5) In rule 2.4A—
(a)
(a) omit the heading to that rule; and
(b)
(b) for “2.4A”, substitute “(2)” (so that the rule becomes paragraph (2) of rule 2.4).
(6) In rule 2.5, after paragraph (2), in the words in parenthesis, for “to a judge” substitute “a matter for judicial decision”.
(7) In rule 2.6—
(a)
(a) for paragraph (2), substitute—
“
2 The court may place the seal on the document by hand, by printing or electronically.
”; and
(b)
(b) in paragraph (3) for “purporting” substitute “appearing”.
(8) In rule 2.8—
(a)
(a) in paragraph (3)(b)(i), after “An application is”, insert “listed”; and
(b)
(b) in paragraph (5), in the full-out, after “that act shall be in time”, insert “under these rules”.
Amendment of Part 3
4.—(1) After rule 3.4(6), insert—
“
7 If a defendant applies to strike out all or part of the claim form or particulars of claim, that defendant need not file a defence before the hearing.
(2) In the table of contents, for the entry for rule 3.11, substitute—
“
Orders restraining civil proceedings |
(3) In rule 3.11—
(a)
(a) for the heading to that rule substitute—
“
Orders restraining civil proceedings
”;
(b)
(b) after the heading to that rule, insert—
“
1 A “civil proceedings order” and an “all proceedings order” under section 42(1A) of the Senior Courts Act 1981 shall include provision for applying to begin, continue or make any application in any civil proceedings.
”; and
(c)
(c) before “A practice direction may set out”, insert “(2)”.
(4) In rule 3.12, for “3E” where it appears in paragraphs (1) and (1A) substitute “3D”.
(5) In rule 3.15, in the words in parentheses after paragraph (5), for “3E” substitute “3D”.
(6) In rule 3.15A(3), for “3E” where it appears in sub-paragraphs (a) and (b) substitute “3D”.
(7) In rule 3.20(3)(a)(i), for “3F” substitute “3E”.
Amendment of Part 4
5. For rule 4 substitute—
“
4.—(1) Forms approved by the Civil Procedure Rule Committee, as published online by Her Majesty’s Courts and Tribunals Service and available for downloading or printing, or incorporated as part of any online process specified by these Rules, must be used in the cases to which they apply.
(2) Other forms not approved by the Civil Procedure Rule Committee, published online by Her Majesty’s Courts and Tribunals Service and available for downloading, printing or other use, may be used as appropriate.
(3) A form may be varied by the court or a party if the variation is required by the circumstances of a particular case.
(4) A form must not be varied so as to leave out any information or guidance it contains.
(5) Where the court or a party produces a form with the words “Royal Arms”, the form must include a replica of the Royal Arms at the head of the first page.
(6) The court must supply, on request, a paper copy of a form (with relevant explanatory material) to a person who cannot obtain access to the forms published online.
Amendment of Part 5
6. In rule 5.4D, in the words in parentheses at the end of the rule, for “8A” substitute “49E”.
Amendment of Part 6
7.—(1) In rule 6.7, in the words in parentheses at the end of the rule—
(a)
(a) for “7C” substitute “7B”; and
(b)
(b) for “7E” substitute “7C”.
(2) In rule 6.8, in the first set of words in parentheses at the end of the rule—
(a)
(a) for “7C” substitute “7B”; and
(b)
(b) for “7E” substitute “7C”.
(3) In rule 6.23—
(a)
(a) in paragraph (1)—
(i) for “A party” substitute “Unless the court orders otherwise, a party”; and
(ii) in the second sentence, omit the words “unless the court orders otherwise”;
(b)
(b) in paragraph (2)—
(i) for “or practice direction” substitute “, practice direction or order”; and
(ii) in the words in parentheses after sub-paragraph (c)—
(aa) for “7C” substitute “7B”; and
(bb) for “7E” substitute “7C”; and
(c)
(c) in paragraph (3), after “sub-paragraphs (2)(a) or (c) applies,” insert “unless the court orders otherwise”.
(4) In rule 6.33(2B)—
(a)
(a) at the end of sub-paragraph (a), omit “or”; and
(b)
(b) for the full stop at the end of sub-paragraph (b) substitute—
“
; or
(c)
(c) the claim is in respect of a contract falling within sub-paragraph (b).
(5) In rule 6.37(5)(b), for “may—” to the end substitute “may give directions about the method of service”.
(6) For rule 6.38 substitute—
“
Service of documents other than the claim form – permission
6.38. Any application notice issued or order made in any proceedings, or other document which is required to be served in the proceedings, may be served on a defendant out of the jurisdiction without permission where—
(a) the claim form has been served on the defendant out of the jurisdiction with permission; or
(b) permission is or was not required to serve the claim form (whether within or out of the jurisdiction).
Amendment of Part 7
8.—(1) In rule 7.4, for paragraph (3) substitute—
“
3 Where the claimant serves particulars of claim on the defendant, the claimant must, within 7 days of service on the defendant, file a copy of the particulars unless a copy has already been filed.
4 The claimant need not file a copy of the particulars of claim under paragraph (3) if the claim is being dealt with at the Production Centre (under rule 7.10) or the County Court Business Centre (under Practice Direction 7C) and is not transferred to another court.
(2) In rule 7.5(1), in the table—
(a)
(a) omit the entry for “Fax”; and
(b)
(b) in the entry for “Other electronic method”, for “Other electronic” substitute “Electronic”.
(3) In rule 7.10, in paragraphs (2) and (3), for “7C” substitute “7B”.
(4) In rule 7.12—
(a)
(a) in paragraph (1), for “make provision for” substitute “permit or require”; and
(b)
(b) omit the words in parentheses after paragraph (3).
Amendment of Part 8
9.—(1) For rule 8.1 substitute—
“
Types of claim in which the Part 8 procedure is used
8.1.—(1) The Part 8 procedure is the procedure set out in this Part.
(2) A claimant may, unless any enactment, rule or practice direction states otherwise, use the Part 8 procedure where they seek the court’s decision on a question which is unlikely to involve a substantial dispute of fact.
(3) In the County Court, a claim under the Part 8 procedure may be made at any County Court hearing centre unless an enactment, rule or practice direction states otherwise.
(4) The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate.
(5) Where the claimant uses the Part 8 procedure, they may not obtain default judgment under Part 12.
(6) A rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in this Part as they apply to those proceedings.
(Rule 8.9 provides for other modifications to the general rules where the Part 8 procedure is being used.)
(2) For rule 8.5 substitute—
“
Filing and serving written evidence
8.5.—(1) When the claimant files the claim form, they must also file any written evidence on which they intend to rely.
(2) The claimant...
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