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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

These Rules make the following amendments to the Civil Procedure Rules 1998 (CPR)—

  • amendments to Part 45 (fixed costs) and Part 63 (intellectual property claims) in consequence of the abolition of the Patents County Court and to give effect to its reconstitution as a specialist list of the Chancery Division, to be named the “Intellectual Property Enterprise Court”. Rule 30 of these Rules includes transitional and savings provisions in this regard;

  • an amendment to rule 47.15(5) to clarify the costs that may be awarded in respect of provisional assessment;

  • a series of amendments in consequence of the introduction of new rules and, in particular, on costs, introduced by the Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262):

    • rule 3.1(2) is amended in consequence of the introduction of costs budgets;

    • rules 7.2, 8.2, 8.3, 15.6 and 16.2 are amended in consequence of the reforms in relation to funding arrangements;

    • rules 15.8, 63.8(1) and 62.7(1) are amended in consequence of the introduction of directions questionnaires;

    • rule 29.8 and 63.8(2) are amended in consequence of changes in relation to timetabling and the steps following allocation to multi-track;

    • rules 3.7, 3.7B, 21.1, 25.14, 28.2, 36.1, 36.10, 36.14(6) (in the signpost to that rule), 38.6, 38.8, 39.4, 40.18, 44.9, 52.1, 55.9, 63.26, 67.1, 67.3 and RSC Order 17 rule 8 are amended to update cross-references;

  • a series of minor amendments:

    • rule 21.12 is amended to correct an incorrect cross-reference;

    • rule 31.5 is amended to correct an incorrect heading;

    • rules 36.14(2)(a) and 46.6(4) are amended to make them gender neutral;

    • rules 45.18(6) and 45.31(5) are amended to take out duplicate definitions;

    • rules 45.29E, 45.29H(3), 45.38(3)(a)(ii) and 46.7(1)(a) are amended to correct typographical errors;

    • rule 42.2 is amended to remove the redundant words in the second set of parentheses after paragraph (6);

  • the replacement of Part 68 – References to the European Court, to take account of changes to the EU Treaties, the new European Court Procedure Rules and updated guidance from the European Court to national courts: “Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings”.