The Civil Procedure (Amendment) Rules 2004

for the purposes of rules 2, 3, 5-9, 15, 16 and 20(1), and this rule, on 1st June 2004; and

for all other purposes, on 30th June 2004.

a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998^f1;

a reference to an Order by number and prefixed by “RSC” means the RSC Order so numbered in Schedule 1 to those Rules; and

a reference to an Order by number and prefixed by “CCR” means the CCR Order so numbered in Schedule 2 to those Rules.

at the end of the table of contents, insert the text set out in Part I of Schedule 1 to these Rules; and

after Section II, insert Section III as set out in Part II of Schedule 1 to these Rules.

at the end of sub-paragraph (c), omit “and”; and

for sub-paragraph (d), substitute—

“(d)

“the 1985 Act” means the Housing Act 1985^f1;

(e)

“the 1988 Act” means the Housing Act 1988^f2;

(f)

“a demotion claim” means a claim made by a landlord for an order under section 82A of the 1985 Act or section 6A of the 1988 Act (“a demotion order”); and

(g)

“a demoted tenancy” means a tenancy created by virtue of a demotion order.”.

at the end of sub-paragraph (c), omit “and”;

after sub-paragraph (d) insert—

• “; and

  1. (e)

     if applicable, the alleged conduct of the defendant”.

in sub-paragraph (1)(b)—

after paragraph (2) insert—

“(3)

In this Section of this Part, a “demoted assured shorthold tenancy” means a demoted tenancy where the landlord is a registered social landlord.

• (By virtue of section 20B of the 1988 Act, a demoted assured shorthold tenancy is an assured shorthold tenancy)”.

at the beginning, insert “(1)”; and

at the end, insert—

“(2)

If the tenancy is a demoted assured shorthold tenancy, only the conditions in paragraph (1)(b) and (f) need be satisfied.”.

in paragraph (1), for “paragraphs (2) or (4) apply”, substitute “paragraph (2) applies”; and

omit paragraph (4).

in paragraph (4), for “The time”, substitute “Subject to paragraph (4A), the time”; and

after paragraph (4) insert—

“(4A)

If the claim form is served out of the jurisdiction under rule 6.19, the period for filing an acknowledgment of service and any written evidence is 7 days longer than the relevant period specified in rule 6.22 or the practice direction supplementing Section III of Part 6.”.

at the beginning, insert “(1)”; and

after paragraph (1) insert—

“(2)

The application notice must be served on the persons who were required under rule 69.4 to be served with the order appointing the receiver.”.

In the circumstances where article 29(1) or (4) of the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003^f1 applies—

Where an application for an injunction under Chapter III of Part V of the Housing Act 1996^f2 has been issued before 30th June 2004—

rule 13.5;

RSC Order 94, rule 16;

RSC Order 98;

CCR Order 49, rule 6B.

This Section sets out the percentage increase which is to be allowed in the cases to which this Section applies.

This Section applies where—

This Section does not apply if the proceedings are costs only proceedings to which Section II of this Part applies.

This Section does not apply—

The definitions in rule 45.7(4) apply to this Section as they apply to Section II.

In this Section—

100% where the claim concludes at trial; or

12.5% where—

Subject to rule 45.18, the percentage increase which is to be allowed in relation to counsel’s fees is—

Where a trial period has been fixed, if—

the first day of that period is treated as the date fixed for the commencement of the trial for the purposes of paragraph (1).

Where a trial period has been fixed, if—

the trial date is the date fixed for the commencement of the trial for the purposes of paragraph (1).

Where a trial period has been fixed and the claim concludes—

the percentage increase in paragraph (1)(b)(i) or (1)(c)(i) shall apply as appropriate, whether or not a trial date has been fixed within that period.

For the purposes of this rule, in calculating the periods of time, the day fixed for the commencement of the trial (or the first day of the trial period, where appropriate) is not included.

This rule applies where the percentage increase to be allowed—

is 12.5%.

A party may apply for a percentage increase greater or less than that amount if—

In paragraph (2), a reference to a lump sum of damages includes a reference to periodical payments of equivalent value.

If the court is satisfied that the circumstances set out in paragraph (2) apply it must—

This rule applies where the percentage increase of fees is assessed under rule 45.18(4).

If the percentage increase is assessed as greater than 20% or less than 7.5%, the percentage increase to be allowed shall be that assessed by the court.

If the percentage increase is assessed as no greater than 20% and no less than 7.5%—

in Section I, about injunctions under the Housing Act 1996^f1;

in Section II, about applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003^f2 for a power of arrest to be attached to an injunction;

in Section III, about claims for demotion orders under the Housing Act 1985^f3 and Housing Act 1988^f4 and proceedings relating to demoted tenancies;

in Section IV, about anti-social behaviour orders under the Crime and Disorder Act 1998^f5;

in Section V, about claims under section 3 of the Protection from Harassment Act 1997^f6.

This Section applies to applications for an injunction and other related proceedings under Chapter III of Part V of the Housing Act 1996 (injunctions against anti-social behaviour).

In this Section “the 1996 Act” means the Housing Act 1996.

An application for an injunction under section 153A, 153B or 153D of the 1996 Act^f1 shall be subject to the Part 8 procedure as modified by this rule and the relevant practice direction.

The application must be—

The claim form must state—

An application under this rule may be made without notice and where such an application without notice is made—

In every application made on notice, the application notice must be served, together with a copy of the affidavit, by the claimant on the defendant personally.

An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgement of service under rule 8.3, and in such a case—

In this rule “relevant provision” means a provision of an injunction to which a power of arrest is attached.

Where an injunction contains one or more relevant provisions—

Where the injunction has been granted without notice, the claimant must not deliver a copy of the relevant provisions to any police station for the area where the conduct occurred before the defendant has been served with the injunction containing the relevant provisions.

Where an order is made varying or discharging any relevant provision, the claimant must—

An application for a warrant of arrest under section 155(3) of the 1996 Act must be made in accordance with Part 23 and may be made without notice.

An applicant for a warrant of arrest under section 155(3) of the 1996 Act must—

This rule applies where a person is arrested pursuant to—

The judge before whom a person is brought following his arrest may—

Where the proceedings are adjourned the judge may remand the arrested person in accordance with section 155(2)(b) or (5) of the 1996 Act.

Where the proceedings are adjourned and the arrested person is released—

An application notice seeking the committal for contempt of court of the arrested person may be issued even if the arrested person is not dealt with within the period mentioned in paragraph (4)(a).

CCR Order 29, rule 1 shall apply where an application is made in a county court to commit a person for breach of an injunction, as if references in that rule to the judge included references to a district judge.

Where, in accordance with paragraph 2(2)(b) of Schedule 15 to the 1996 Act, the court fixes the amount of any recognizance with a view to it being taken subsequently, the recognizance may be taken by—

with the same consequences as if it had been entered into before the court.

The person having custody of an applicant for bail must release him if satisfied that the required recognizances have been taken.

This Section applies to applications by local authorities under section 91(3) of the Anti-social Behaviour Act 2003^f1 for a power of arrest to be attached to an injunction.

In this Section “the 2003 Act” means the Anti-social Behaviour Act 2003.

An application under section 91(3) of the 2003 Act for a power of arrest to be attached to any provision of an injunction must be made in the proceedings seeking the injunction by—

Every application must be supported by written evidence.

Every application made on notice must be served personally, together with a copy of the written evidence, by the local authority on the person against whom the injunction is sought not less than 2 days before the hearing.

Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 91(3) of the 2003 Act, the following rules in Section I of this Part shall apply—

CCR Order 29, rule 1 shall apply where an application is made in a county court to commit a person for breach of an injunction.

This Section applies to—

In this Section—

The demotion claim must be made in the county court for the district in which the property to which the claim relates is situated.

The claim form and form of defence sent with it must be in the forms set out in the relevant practice direction.

The court will fix a date for the hearing when it issues the claim form.

The hearing date will be not less than 28 days from the date of issue of the claim form.

The standard period between the issue of the claim form and the hearing will be not more than 8 weeks.

The defendant must be served with the claim form and the particulars of claim not less than 21 days before the hearing date.

An acknowledgement of service is not required and Part 10 does not apply.

Where the defendant does not file a defence within the time specified in rule 15.4 he may take part in any hearing but the court may take his failure to do so into account when deciding what order to make about costs.

Part 12 (default judgment) does not apply in a demotion claim.

At the hearing fixed in accordance with rule 65.16(1) or at any adjournment of that hearing the court may—

Where the demotion claim is genuinely disputed on grounds which appear to be substantial, case management directions given under paragraph (1)(b) will include the allocation of the demotion claim to a track or directions to enable it to be allocated.

Except where—

any fact that needs to be proved by the evidence of witnesses at a hearing referred to in paragraph (1) may be proved by evidence in writing.

All witness statements must be filed and served at least two days before the hearing.

Where the claimant serves the claim form and particulars of claim, he must produce at the hearing a certificate of service of those documents and rule 6.14(2)(a) does not apply.

the matters set out in rule 26.8; and

the nature and extent of the conduct alleged.

This Section applies to applications in proceedings in a county court under sub-sections (2), (3) or (3B) of section 1B of the Crime and Disorder Act 1998^f1 by a relevant authority, and to applications for interim orders under section 1D of that Act.

In this Section—

Subject to paragraph (2)—

Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.

Where the application is made by application notice, it should normally be made on notice to the person against whom the order is sought.

An application under section 1B(3B) of the 1998 Act by a relevant authority which is a party to the principal proceedings to join a person to the principal proceedings must be made—

The application notice must contain—

The application should normally be made on notice to the person against whom the order is sought.

Where the relevant authority is not a party to the principal proceedings—

The applications—

An application for an interim order under section 1D of the 1998 Act must be made in accordance with Part 25.

The application should normally be made—

shall be subject to the Part 8 procedure; and

must be commenced—

An application for a warrant of arrest under section 3(3) of the 1997 Act—

The application notice must be supported by affidavit evidence which must—

The judge before whom a person is brought following his arrest may—

Where the proceedings are adjourned and the arrested person is released—