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The Civil Procedure (Amendment No. 3) Rules 2018

S.I. 2018/975 · Made 28 August 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Senior Courts Of England And Wales

County Court, England And Wales

Made 28th August 2018

Laid before Parliament 6th September 2018

Coming into force 1st October 2018

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997f1 to make rules under section 1 of that Act and after consulting in accordance with section 2(6)(a) of that Act, makes the following Rules.

Annotations to the whole text

Footnotes

f1

1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4, Part 1. Section 1(1) was amended by the Crime and Courts Act 2013 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 67(a) and by the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), section 174(2). Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the Civil Procedure Rules 1998
  3. 3Amendment of Part 1
  4. 4Amendment of Part 5
  5. 5Insertion of new Part 57A
  6. 6Amendment of Part 65
  7. 7Amendment of Part 81
  8. 8Amendment of Part 83
  9. Signature
  10. Schedule Schedule
  11. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2018 and come into force on 1st October 2018.

(2)

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 1998f1.

2Amendments to the Civil Procedure Rules 1998

The Civil Procedure Rules 1998 are amended in accordance with Rules 3 to 7 of these Rules.

3Amendment of Part 1

In Part 1—

(a)

in the table of contents, after the entry for rule 1.4 insert—

“

The Welsh languageRule 1.5

”; and

(b)

after rule 1.4 insert—

“The Welsh language

1.5.
(1)

Nothing in the overriding objective undermines the principles provided by the Welsh Language (Wales) Measure 2011f1 that the Welsh language has official status in Wales or by the Welsh Language Act 1993f2 that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it.

(2)

The parties are required to assist the court to put into effect the principles set out in paragraph (1).”.

4Amendment of Part 5

In Part 5—

(a)

in the table of contents, for the entry for rule 5.4 substitute—

“

Register of claims

Supply of documents to a party from court records

Supply of documents to a non-party from court records

Supply of documents from court records – general

Filing and sending documents

Documents in the Welsh language

Rule 5.4

Rule 5.4B

Rule 5.4C

Rule 5.4D

Rule 5.5

Rule 5.6

”; and

(b)

after rule 5.5 insert—

“Documents in the Welsh language

5.6.
(1)

Any document placed before the court in civil proceedings in or having a connection with Wales may be in the English or Welsh language.

(2)

It is the responsibility of any party if acting in person or of that party’s legal representative to inform the court as soon as practicable if documents in the Welsh language will or may be placed before the court, so that appropriate arrangements can be made.”.

5Insertion of new Part 57A

After Part 57, insert Part 57A as set out in the Schedule to these Rules.

6Amendment of Part 65

In Part 65—

(a)

omit rules 65.2 to 65.7; and

(b)

in rule 65.47—

(i)

in the heading, at the end insert “and under the 2014 Actf1”; and

(ii)

omit paragraph (5) and the words in parentheses which follow it.

7Amendment of Part 81

In rule 81.4, after paragraph (5) insert—

“(6)

Proceedings in the County Court (whether by way of an application or pursuant to the exercise of a power of arrest) to commit a person for breach of an injunction (or of an undertaking given instead of an injunction) may, save where any rule or practice direction provides otherwise, be dealt with by a District Judge.”.

8Amendment of Part 83

In rule 83.2(3)(e), after “has been fulfilled” insert “(other than where non-compliance with the terms of suspension of enforcement of the judgment or order is the failure to pay money)”.

Signature

The Right Honourable Sir Terence Etherton, MR

Lord Justice Coulson

Mr Justice Birss

Mr Justice Kerr

Master Cook

His Honour Judge Milwyn Jarman

His Honour Judge Martin McKenna

District Judge Michael Hovington

John Dagnall

Richard Viney

Brett Dixon

Andrew Underwood

Lizzie Iron

I allow these Rules

Signed by authority of the Lord Chancellor

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

28th August 2018

“PART 57A

BUSINESS AND PROPERTY COURTS

Contents of this Part

The Business and Property Courts

Rule 57A.1

Courts and lists

Rule 57A.2

Application of the Civil Procedure Rules

Rule 57A.3

The Business and Property Courts

57A.1.
(1)

The courts listed in paragraph (2) together constitute the Business and Property Courts.

(2)

The courts referred to in paragraph (1) are—

(a)

the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court, the Circuit Commercial Court and the Admiralty Court located in the Royal Courts of Justice, Rolls Building; together with

(b)

the Chancery Division of the High Court, the Technology and Construction Court and the Circuit Commercial Courts in the District Registries of the High Court specified in Practice Direction 57AA – Business and Property Courts.

Courts and lists

57A.2.

The work of the Business and Property Courts is divided and listed into the courts or lists specified in Practice Direction 57AA – Business and Property Courts.

Application of the Civil Procedure Rules

57A.3.

These Rules and their practice directions apply to claims in the Business and Property Courts unless this Part or a practice direction provides otherwise.”

Explanatory note

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) for four purposes.

The first purpose, for which two new rules (rule 1.5 and rule 5.6) are inserted, is to make provision to support the principles (established by the Welsh Language (Wales) Measure 2011 and the Welsh Language Act 1993 respectively) that the Welsh language has official status in Wales and that in any legal proceedings in Wales the Welsh language may be used by any person who desires to use it. (The opportunity has also been taken to update the contents list of Part 5.)

The second purpose is to include provision reflecting the establishment of the Business and Property Courts, for which a new Part 57A is inserted.

The third purpose is to clarify the power of a District Judge to deal with proceedings to commit a person for breach of an injunction, and to remove provisions which relate to repealed legislation concerning certain injunctions and have no continuing practical application.

The fourth purpose is to amend rule 83.2(3)(e) to alter the permission requirements for the issue of writs or warrants following suspended orders (including suspended possession orders), to remove the requirement for permission where breach of the order was by way of failure to pay money.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen.