Rule 25 Transitional provisionsI1

England and Wales

(1)

Rule 3.12(1) shall continue to have effect as if it had not been amended by these Rules in respect of any proceedings F1... which were commenced before the date on which these Rules come into force.

(2)

In this rule—

(a)

“enforcement action” means the steps taken by or on behalf of a person to recover sums or property from another person; and

(b)

“enforcement amendments” means the amendments made by rules 6 to 11, 14 to 18, 20 and 23(a) of these Rules.

(3)

The enforcement amendments do not apply in relation to a writ or warrant or any enforcement action or other action taken in relation to the writ or warrant where—

(a)

permission for the issue of the writ or warrant is sought before 6th April 2014;

(b)

permission is not required for the issue of the writ, and a request for the issue of the writ is filed before 6th April 2014;

(c)

permission is not required for the issue of a warrant of execution or warrant of delivery, and a request for the issue of the warrant is filed before 6th April 2014; or

(d)

an application for the issue of a warrant of possession is made before 6th April 2014.

(4)

The enforcement amendments do not apply in relation to enforcement action, or any action taken in relation to that enforcement action, where the right to take the enforcement action becomes exercisable otherwise than by virtue of a writ or warrant issued by a court, and the enforcement action is begun before 6th April 2014.

(5)

As from 22^nd April 2014—

(a)

proceedings started in a county court may be continued—

(i)

in the County Court as if they had been started in the County Court; and

(ii)

in the County Court hearing centre corresponding to that county court;

(b)

anything done in accordance with the rules which applied to a county court is to be treated as if it had been done in accordance with any rules applicable to corresponding proceedings in the County Court; and

(c)

any act, judgment or order of a county court has the same effect as if it had been an act judgment or order of the County Court, and accordingly further proceedings in the County Court may be taken in respect of such act, judgment or order.

Annotations

Textual amendments

F1: Words in art. 25(1) omitted (5.6.2014) by virtue of The Civil Procedure (Amendment No. 5) Rules 2014 (S.I. 2014/1233), arts. 1, 6

Commencement

I1: Rule 25 in force at 22.4.2014, see rule 1