The Civil Procedure (Amendment No. 2) Rules 2006 were made available in November 2006 and came into force on 18 December 2006.
The Civil Procedure (Amendment No. 3) Rules 2006 were made available in January 2007 and will come into force on 6 April 2007.
Summary of Amendments
Part 5 – Access to Court Documents – recent changes do not have retrospective effect Practice Directions 8 & 8b – Alterative Procedure for Claims – combined and streamlined
Practice Direction 25 – Interim Injunctions – no privilege against self-incrimination for fraud
Part 36 & Practice Direction – Offers to Settle – substantial revision
Part 37 & Practice Direction – Payments into Court – redrafted mainly to improve clarity
Set out below are the main changes that appear in these amendments that are of relevance to commercial disputes.
Amendments to existing Rules and Practice Directions
Update 43 - Amendment No. 2 Rules 2006
1 Part 5 and Practice Direction – Access to court documents
As previously advised in relation to the 42nd update to the CPR, new rule
5.4C gave access to non-parties to all statements of case, without application to a judge unless the court orders otherwise. Previously only the claim form could be obtained without application to a judge. It has now been confirmed that this rule, which came into force on 2 October 2006, does not have retrospective effect. Additional text to this effect has been inserted at rule
5.4C(1A) and at paragraph 4A of the Practice Direction. Update 44 - Amendment No. 3 Rules 2006
2 Practice Directions 8 and 8b – Alternative Procedure for Claims
Practice Directions 8 and 8b (How to Make Claims in Schedule Rules and other Claims) have been combined into one Practice Direction. The unified PD8 is further amended to simplify and streamline the procedures. Where a defendant files an acknowledgment of service, it should be in form N210 (paragraph 5.2). The alternative for this to be given in an informal document such as a letter has been omitted in the revised Practice Direction.
- New Section B comprises a table setting out all the claims, petitions and applications under the various enactments that must be made under Part 8.
- New Section C collects together and reproduces the additions and modifications to the Part 8 procedure that apply to particular claims and applications. As a result, the respective RSC and CCR Orders where these additions and modifications were previously found are revoked. This includes Proceedings under the Financial Services and Markets Act 2000.
3 Part 14 and Practice Direction – Admissions
Please note that the amendments regarding admissions made before the commencement of proceedings do not apply to commercial disputes, only to personal injury claims, clinical disputes or disease and illness claims (paragraph 1.1(2) to the Practice Direction).
4 Practice Direction 25 – Interim injunctions
Amended text will include reference to the fact that there is no longer a privilege against self-incrimination in relation to fraud cases.
5 Part 36 and Practice Direction – Offers to settle and payment into court
Following consultation in 2006, Part 36 and the Practice Direction have been substantially revised to create a new simpler regime for offers to settle. Please see Briefing Note “The new Part 36 Regime for Offers to Settle” for further details on these substantial changes.
6 Part 37 and Practice Direction – Miscellaneous provisions about payments into court
As a result of the Part 36 overhaul, Rule 37.2, which provides that money paid into court following a court order can be treated as a Part 36 payment, has been deleted.
Practice Direction 37 has had some redrafting to improve clarity, but its substance remains largely the same.
Previously, to obtain the money out of court under Part 37, PD37 simply referred applicants to the corresponding paragraph in PD36. As this is no longer applicable under Part 36, the essence of this procedure has been moved to paragraphs 3.4-3.8 of PD37 for cases where permission is not required for taking money out of court.
- Additional requirements are that, as well as filing a form 201 request for payment with the Court Funds Office, the applicant must also file a form 202 statement that the money should be used to satisfy the Part 36 offer.
- Paragraph 3.6 states that interest accruing up to the date of acceptance will be paid to the defendant.
Where permission is required by the court for money to be paid out, the court will give direction as to this and as to interest when it gives its permission.
There is no longer any guidance on payments made into court in a foreign currency.
New paragraph 3.2 in Practice Direction 4 (Court forms) just notes that the Court Funds Office forms referred to in Part 37 are not listed in the table of forms referred to and required by Rules or Practice Directions.
7 Court forms
There are new versions of the following forms:
- N16 – general form of injunction
- N16A – application for an injunction (general form)
- N242A – Notice of offers to settle – Part 36