The Civil Procedure (Amendment) Rules 2023
| Jurisdiction | UK Non-devolved |
| Citation | SI 2023/105 |
| Year | 2023 |
2023 No. 105 (L. 3)
Senior Courts Of England And Wales
County Court, England And Wales
The Civil Procedure (Amendment) Rules 2023
Made 30th January 2023
Laid before Parliament 2nd February 2023
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 section 67B(1) of the Courts Act 20032, and after fulfilling the requirements of section 2(6) of the Civil Procedure Act 1997 and section 67C of the Courts Act 2003, makes the following Rules.
Citation, commencement and interpretation
1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2023 and come into force on 6th April 2023, except as provided by paragraphs (2) and (3).
(2) These Rules may be cited as the Civil Procedure (Amendment) Rules 2023 and come into force on 6th April 2023, except as provided by paragraphs (2) and (3).
(3) The amendments made by rule 24 of these Rules apply only to claims where proceedings are issued on or after 6th April 2023.
(4) The amendments made by rule 33(3)(b) and (4) of these rules apply only to claims where the claim form is issued on or after 6th April 2023.
(5) 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 19983; 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 41 of these Rules.
Amendment of Part 2
3.—(1) In rule 2.1(3)(b), for “2005” substitute “2006”.
(2) In rule 2.3(1)—
(a)
(a) in the definition of “MyHMCTS”, for “Her Majesty’s” substitute “His Majesty’s”; and
(b)
(b) in the definition of “statement of case”, for “Part 20 claim” substitute “counterclaim or other additional claim”.
Amendment of Part 3
4.—(1) In rule 3.7B(6)—
(a)
(a) for “Part 20 claimant” substitute “claimant in a counterclaim or other additional claim”; and
(b)
(b) for “Part 20 claim” substitute “counterclaim or other additional claim”.
(2) In rule 3.15A(3)(c), for “Practice Direction 3E” substitute “Practice Direction 3D”.
Amendment of Part 4
5. In rule 4, in paragraphs (1) and (2), for “Her Majesty’s” substitute “His Majesty’s”.
Amendment of Part 6
6.—(1) In rule 6.6, omit the words in parentheses following paragraph (2).
(2) In rule 6.8(b)—
(a)
(a) after “tenant” insert “or contract-holder”; and
(b)
(b) at end insert4“or section 39 of the Renting Homes (Wales) Act 20164”.
(3) In rule 6.23, omit the words in parentheses following paragraph (1).
Amendment of Part 8
7.—(1) In the Table of Contents for the Part, in the entry for rule 8.7, for “Part 20 claims” substitute “Counterclaims and other additional claims”.
(2) In the heading to rule 8.7, for “Part 20 claims” substitute “Counterclaims and other additional claims”.
(3) In rule 8.7, for “Part 20 claim” substitute “counterclaim or other additional claim”.
Amendment of Part 10
8. In rule 10.5, in the second set of words in parentheses after paragraph (1), for “19.8A” substitute “19.13”.
Amendment of Part 12
9. In rule 12.3(3), after “default judgment if” insert “at the time the court is considering the issue”.
Amendment of Part 15
10. In rule 15.7, for “should normally” substitute “must, other than for good reason”.
Amendment of Part 17
11.—(1) In rule 17.1—
(a)
(a) in paragraph (1)—
(i) for “his” substitute “their”; and
(ii) after “statement of case” insert “, including by removing, adding or substituting a party,”; and
(b)
(b) after paragraph (3) insert—
“
4 A party who files a notice under Part 38 discontinuing all or part of a claim may amend their statement of case without the court’s permission to give effect to the discontinuance.
(2) In rule 17.2—
(a)
(a) in paragraph (1), for “his” substitute “their”; and
(b)
(b) in paragraph (2), for “him” substitute “them”.
(3) In rule 17.3—
(a)
(a) in paragraph (1), for “his” substitute “their”; and
(b)
(b) in paragraph (2)—
(i) in sub-paragraph (a), for “19.1” substitute “19.2”; and
(ii) in sub-paragraph (b), for “19.4” substitute “19.6”.
(4) In rule 17.4—
(a)
(a) in paragraph (1)(a), for his” substitute “their”;
(b)
(b) in paragraph (2), after “substantially the same facts” insert “as are already in issue on”; and
(c)
(c) in the words in parentheses after paragraph (4), for “19.5” substitute “19.6”.
Amendment of Part 19
12.—(1) For the Table of Contents for the Part substitute—
“
TITLE |
NUMBER |
Parties – general |
Rule 19.1 |
I ADDITION AND SUBSTITUTION OF PARTIES |
|
Change of parties – general |
Rule 19.2 |
Provisions applicable where two or more persons are jointly entitled to a remedy |
Rule 19.3 |
Procedure for adding and substituting parties |
Rule 19.4 |
Human Rights |
Rule 19.5 |
Special provisions about adding or substituting parties after the end of a relevant limitation period |
Rule 19.6 |
Special rules about parties in claims for wrongful interference with goods |
Rule 19.7 |
II REPRESENTATIVE PARTIES |
|
Representative parties with same interest |
Rule 19.8 |
Representation of interested persons who cannot be ascertained etc. |
Rule 19.9 |
Representation of beneficiaries by trustees etc. |
Rule 19.10 |
Postal Services Act 2000 (c.26) |
Rule 19.11 |
Death |
Rule 19.12 |
Power to make judgements binding on non-parties |
Rule 19.13 |
Derivative claims – how started |
Rule 19.14 |
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – application for permission |
Rule 19.15 |
Derivative claims under Chapter 1 of Part 11 of the Companies Act 2006 – members of companies taking over claims by companies or other members |
Rule 19.16 |
Derivative claims – other bodies corporate and trade unions |
Rule 19.17 |
Derivative claims arising in the course of other proceedings |
Rule 19.18 |
Derivative claims – costs |
Rule 19.19 |
Derivative claims – discontinuance and settlement |
Rule 19.20 |
III GROUP LITIGATION |
|
Definition |
Rule 19.21 |
Group Litigation Order |
Rule 19.22 |
Effect of the GLO |
Rule 19.23 |
Case management |
Rule 19.24 |
Removal from the register |
Rule 19.25 |
Test claims |
Rule 19.26 |
(2) In rule 19.2(a), at the end, omit “and”.
(3) In rule 19.3—
(a)
(a) in paragraph (1)—
(i) for “Where a claimant” to “all persons” substitute “All persons”; and
(ii) after “remedy” insert “claimed by a claimant”; and
(b)
(b) in paragraph (2), after “If any” insert “such”.
(4) In rule 19.4—
(a)
(a) for paragraph (2) substitute—
“
2 An application for permission under paragraph (1)—
(a) may be made by—
(i) an existing party; or
(ii) a person who wishes to become a party; and
(b) must be—
(i) supported by evidence; and
(ii) made under Part 23.
”;
(b)
(b) in paragraph (3), omit the words in parentheses after “rule 19.2(4)”;
(c)
(c) in paragraph (4)—
(i) in sub-paragraph (a), for “he has given his” substitute “they have given their”; and
(ii) in sub-paragraph (b), for “consent has” substitute “consent, and the proposed amended claim form and particulars of claim, have”.
(5) For paragraphs (4A) to (6) substitute—
“
5 If an order is made adding or substituting a person as a claimant prior to the filing of their consent—
(a) the order; and
(b) the addition or substitution of the new party as claimant,
shall not take effect until the signed, written consent of the new claimant is filed.
6 The Commissioners for HM Revenue and Customs may, where a dispute between other parties may have tax consequences, be added as party to proceedings if they consent in writing.
7 An order for the removal, addition or substitution of a party must be served on—
(a) all parties to the proceedings; and
(b) any other person affected by the order.
8 When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions.
9 A new defendant does not become a party to the proceedings until the amended claim form has been served on them.
10 A party applying to add a new party by amendment will usually be responsible for the costs of and arising from the amendment.
11 The court may remove, add or substitute parties in existing proceedings on its own initiative.
(6) For rule 19.4A substitute—
“
Human Rights
19.5.—(1) The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 19985unless 21 days’ notice, or such other period of notice as the court directs, has been given to the Crown by the claimant.
(2) Where a claim is made under section 9 of the Human Rights Act 1998 for damages in respect of a judicial act—
(a)
(a) that claim, including details of the judicial act, must be set out in the statement of case or the appeal notice; and
(b)
(b) notice must be given to the Crown.
(3) The court may at any time consider whether notice under paragraph (1) or (2) should be given to the Crown and give directions as to the content and service of such notice.
(4) A notice served on the Crown must be served on—
(a)
(a) the person named in the list published under section 17 of the Crown Proceedings Act 19476(which is annexed to Practice Direction 66);
(b)
(b) Senedd Cymru, in the circumstances described in the National Assembly for Wales (Transfer of Functions) (No. 2) Order 20007;
(c)
(c) the Treasury Solicitor on behalf of the Lord Chancellor, in respect of a claim under section 9 of the Human Rights Act 1998, except where the judicial act is of a Court-Martial when service must be on the Treasury Solicitor on behalf of the Secretary of State for Defence;
(d)
(d) all parties.
(5) Where notice has been...
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