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The Civil Procedure (Amendment No. 5) Rules 2014

S.I. 2014/1233 · Made 13 May 2014

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 13th May 2014

Laid before Parliament 15th May 2014

Coming into force 5th June 2014

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997f1 to make rules of court under section 1, of that Act, 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(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005 section 15, 146, Schedule 4 Part 1 paragraphs 261 and 262 and Schedule 18 paragraph 2. Section 1(1) has been amended by the Crime and Courts Act 2014 (c.22), section 17(5) and Schedule 9, Part 3, paragraph 67(a).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the Civil Procedure Rules 1998
  4. 4Amendments to the Civil Procedure Rules 1998
  5. 5Amendment of the Civil Procedure (Amendment) Rules 2014
  6. 6Amendment to the Civil Procedure (Amendment No. 4) Rules 2014
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment No. 5) Rules 2014 and shall come into force on 5th June 2014.

2Citation, commencement and interpretation

In these Rules a reference to a rule by number alone means the rule so numbered in the Civil Procedure Rules 1998f1.

3Amendments to the Civil Procedure Rules 1998

In rule 3.8—

(a)

in paragraph (3)(b), after “agreement between the parties” insert “except as provided in paragraph (4)”;

(b)

after paragraph (3) insert—

“(4)

In the circumstances referred to in paragraph (3) and unless the court orders otherwise, the time for doing the act in question may be extended by prior written agreement of the parties for up to a maximum of 28 days, provided always that any such extension does not put at risk any hearing date.”.

4Amendments to the Civil Procedure Rules 1998

In rule 54.22, after paragraph (2) insert—

“(3)

The President of the Queen’s Bench Division will be responsible for the nomination of specialist planning judges to deal with Planning Court claims which are significant within the meaning of Practice Direction 54E, and of other judges to deal with other Planning Court claims.”.

5Amendment of the Civil Procedure (Amendment) Rules 2014

In the Civil Procedure (Amendment) Rules 2014f1, in rule 4(a)—

(a)

in subparagraph (iii), at the end, after “;” insert “and”; and

(b)

in subparagraph (iv), at the end, for “; and” substitute “.”

6Amendment to the Civil Procedure (Amendment No. 4) Rules 2014

In the Civil Procedure (Amendment No. 4) Rules 2014f1, in rule 25(1) omit “to which that rule applied and”.

Signature

The Right Honourable Lord Dyson, MR

Stephen Richards, LJ

Peter Coulson, J

Philip Sales, J

His Honour Judge Martin McKenna

District Judge Michael Hovington

District Judge Christopher Lethem

William Featherby QC

Edward Pepperall QC

Andrew Underwood

Tim Lett

Kate Wellington

I allow these rules

Signed by authority of the Lord Chancellor

Edward Faulks

Minister of State

Ministry of Justice

13th May 2014

Explanatory note

(This note is not part of the Order)

These Rules amend—

(a)

rule 3.8 of the Civil Procedure Rules 1998 (CPR), to provide that where a rule, practice direction or court order requires a party to do something within a specified time and specifies the consequences of failure to comply, the parties may, by prior written agreement, extend up to a maximum of 28 days the time for doing the act in question, provided that any hearing date is not put at risk as a result;

(b)

rule 54.22, to provide that the President of the Queen’s Bench Division will be responsible for nomination of both specialist planning judges and other judges to hear Planning Court claims;

(c)

rule 4 of the Civil Procedure (Amendment) Rules 2014 (SI 2014/407), to remove a typographical error which would otherwise suggest that the list included in that rule is incomplete; and

(d)

rule 25(1) of the Civil Procedure (Amendment No. 4) Rules 2014 (SI 2014/867), to remove a potential doubt as to the effect of that transitional provision in respect of an amendment made in the same Rules to rule 3.12(1) CPR.