OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) by—

  • amending rule 2.8 (time) and rule 5.5 (filing and sending documents) in consequence of the introduction of new Practice Direction 5C (CE-File electronic filing and case management system), previously piloted in Practice Direction 51O (electronic working pilot scheme);

  • amending Part 8 (alternative procedure for claims) by—

    • amending rule 8.2 (contents of the claim form) to substitute a signpost reference to rule 7.5 (service of a claim form) with a rule which provides that except where another rule or practice direction applies, rule 7.5 and rule 7.6 (extension of time for serving a claim form) shall apply with regard to the service of the claim form; and

    • amending rule 8.5 (filing and serving written evidence) to provide that where a defendant indicates an intention to contest the court’s jurisdiction, but does not make such an application, the evidence which would otherwise be required to be filed with the acknowledgement of service where the claim is contested must be filed within fourteen days of the acknowledgment of service, so ensuring that they do not risk losing the opportunity to contest the claim;

  • amending rule 30.8 (transfer of competition law claims), which provides for the transfer of competition law claims from the King’s Bench Division to the Chancery Division of the High Court at the Royal Courts of Justice, to include claims under section 101 of the Digital Markets, Competition and Consumers Act 2024 (c. 13);

  • amending rule 44.6 (procedure for assessing costs) to enable a different judge, who might otherwise have heard the claim or application, to undertake a summary assessment of costs, where such assessment is not made at the end of a hearing, and making consequential amendments to rule 44.1 (interpretation and application) to the definition of “summary assessment”;

  • amending rule 46.2 (costs orders in favour or against non-parties) to provide that where the court contemplates adding a party to proceedings for the purposes of costs only, neither rule 19.4 (procedure for adding and substituting parties) nor rule 20.7 (procedure for making any other additional claim) shall apply;

  • amending Part 52 (appeals) by—

    • amending rule 52.8 (judicial review appeals from the High Court) to remove an unnecessary cross-reference, in paragraph (1), to the Senior Courts Act 1981 (c. 54);

    • amending rule 52.12 (appellant’s notice) to provide that a copy of the appellant’s notice served on the respondent shall be a sealed copy and, where served by the appellant, must be served no later than 14 days (rather than the current 7 days) after it is sealed (rather than, currently, when it is filed);

  • amending rule 62.10 (hearings) by removing a cross reference, in paragraph (4)(a), to the Arbitration Act 1996 (c. 23) in consequence of an amendment to that Act made by the Arbitration Act 2025 (c. 4);

  • amending Part 82 (closed material proceedings) by—

    • amending rule 82.11 (special advocate: communicating about proceedings) to allow a special advocate to communicate with a specially represented party or their legal representative with the express agreement of the relevant person and (where the relevant person is not the Secretary of State) the Secretary of State; and

    • amending rule 82.23 (directions for hearing of an application) to provide that, if the court considers it necessary before it can determine an application for a declaration under section 6(2) (declaration permitting closed material applications in proceedings) of the Justice and Security Act 2013 (c. 18) it may direct the relevant person to file a “draft closed summary” or “draft closed defence” (as defined in that rule) to the claim, and to limit its disclosure to those specified in that rule.