OpenLegislation

The Civil Procedure (Amendment) Rules 2025

S.I. 2025/106 · Made 30 January 2025

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

30th January 2025

Laid before Parliament

3rd February 2025

Coming into force in accordance with rule 1

The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997f1 to make rules under section 1 of and Schedule 1 to that Act and section 67B(1) of the Courts Act 2003f2, and after fulfilling the requirements of section 2(6) of the Civil Procedure Act 1997 and section 67C of the Courts Act 2003, 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, sections 15 and 146 and Schedule 4, Part 1, paragraphs 261 and 262 and Schedule 18. 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). Schedule 1 to the 1997 Act was amended by the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), section 3, Schedule, Part 1, paragraph 19, the Crime and Courts Act 2013, section 175, Schedule 9, Part 3, paragraph 67(b).

f2

Sections 67B and 67C were inserted by section 3 of and paragraph 32 of the Schedule to the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transitional Provisions
  3. 3Amendments to the Civil Procedure Rules 1998
  4. 4Amendment of Part 3
  5. 5Amendment of Part 4
  6. 6Amendment of Part 23
  7. 7Amendment of Part 25
  8. 8Amendment of Part 42
  9. 9Amendment of Part 44
  10. 10Amendment of Part 45
  11. 11Amendment of Part 49
  12. 12Amendment of Part 52
  13. 13Amendment of Part 58
  14. 14Amendment of Part 59
  15. 15Amendment of Part 65
  16. 16Amendment of Part 74
  17. 17Amendment of Part 82
  18. Signature
  19. Schedule
  20. Explanatory note

1Citation, commencement and interpretation

(1)

These Rules may be cited as the Civil Procedure (Amendment) Rules 2025 and come into force on 6th April 2025, subject to paragraph (2) and rule 2.

(2)

Rules 4 and 9 come into force on the date on which, and immediately after, section 194 of the Economic Crime and Corporate Transparency Act 2023f1 comes into force for all purposes.

(3)

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 1998f2.

2Transitional Provisions

(1)

The amendments made by rule 10 only apply to claims where the claim notification form or the letter of claim (as appropriate) is sent by the claimant on or after the 6th April 2025.

(2)

The amendments made by rule 17(1) only apply to proceedings in which a declaration has been made under section 6(2) of the Justice and Security Act 2013f1 on or after 6th April 2025.

3Amendments to the Civil Procedure Rules 1998

The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 17 of these Rules.

4Amendment of Part 3

In rule 3.4(2)—

(a)

in sub-paragraph (b), at the end, omit “or”;

(b)

in sub-paragraph (c), at the end, for “.” substitute “; or”; and

(c)

after sub-paragraph (c) insert—

(d)

that, in the case of a claimant’s statement of case—

(i)

the claim is strategic litigation against public participation, being a SLAPP claim within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023; and

(ii)

the claimant has failed to show that it is more likely than not the claim would succeed at trial.

(Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant include a party bringing an additional claim.)

.

5Amendment of Part 4

In rule 4—

(a)

renumber paragraphs (1) to (6) as paragraphs (2) to (7), respectively;

(b)

before what will become paragraph (2), insert—

(1)

In this Part, “forms” includes model orders, unless indicated otherwise.

; and
(c)

in what will become paragraph (5), after “or guidance it contains.” insert “This does not apply to model orders.”.

6Amendment of Part 23

In rule 23.8(3), for “If the court decides” to “to make representations”, substitute “If the court decides the application without a hearing under paragraph (1)(c) and does so in circumstances where the parties affected by the application have not had an opportunity to make representations about the substance of the application”.

7Amendment of Part 25

For Part 25 substitute Part 25 as set out in the Schedule to these Rules.

8Amendment of Part 42

In rule 42.2—

(a)

in paragraph (6)—

(i)

in the opening words, for “certificate of a person to whom legal aid is provided is revoked or”, substitute “determination that a person qualifies for civil legal services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f1 is”; and

(ii)

in sub-paragraph (a), omit “24 or”; and

(b)

omit paragraph (7).

9Amendment of Part 44

In rule 44.2, after paragraph (8) insert—

(9)

 In respect of a SLAPP claim, a court may not exercise its discretion so as to order a defendant to pay a claimant’s costs except where, in the court’s view, misconduct of the defendant in relation to the claim justifies such an order.

(10)

For the purposes of paragraph (9), a SLAPP claim is strategic litigation against public participation being a SLAPP claim within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023.

(Rules 20.2 and 20.3 provide that counterclaims and other additional claims are treated as claims and that references to a claimant or a defendant include a party bringing or defending an additional claim.)

.

10Amendment of Part 45

In rule 45.62(2)—

(a)

in sub-paragraph (a), for “180” substitute “226”;

(b)

in sub-paragraph (b)—

(i)

in paragraph (i), for “420” substitute “527”;

(ii)

in paragraph (ii), for “360” substitute “451”;

(iii)

in paragraph (iii), for “180” substitute “226”; and

(iv)

in paragraph (iv), for “180” substitute “226”;

(c)

in sub-paragraph (c)—

(i)

for “30” substitute “38”; and

(ii)

for “80” substitute “100”;

(d)

in sub-paragraph (d), for “50” substitute “63”; and

(e)

in sub-paragraph (e), for “80” substitute “100”.

11Amendment of Part 49

In rule 49.1, after “described in them” insert “and may modify or disapply any provision of these Rules in connection with those proceedings”.

12Amendment of Part 52

After rule 52.6, in the second set of parentheses, for “25.15” substitute “25.29”.

13Amendment of Part 58

In rule 58.13(2)—

(a)

in sub-paragraph (b), at the end, for “.” substitute “; and”; and

(b)

after sub-paragraph (b) insert—

(c)

rule 29.2(1A) (order or encourage to engage in alternative dispute resolution).

.

14Amendment of Part 59

In rule 59.11(2)—

(a)

in sub-paragraph (a), at the end, omit “and”;

(b)

in sub-paragraph (b), at the end, for “.” substitute “; and”; and

(c)

after sub-paragraph (b) insert—

(c)

rule 29.2(1A) (order or encourage to engage in alternative dispute resolution).

.

15Amendment of Part 65

In rule 65.45(2) omit “under section 42(1)(b) of the 2009 Act”.

16Amendment of Part 74

In rule 74.5, for “section II” substitute “Section VI”.

17Amendment of Part 82

(1)

In rule 82.5—

(a)

before “Proceedings to which this section applies” insert “(1)”; and

(b)

after what will now be paragraph (1) insert—

(2)

Subject to paragraph (3), Section II of Part 3 does not apply to proceedings in which a declaration has been made under section 6(2) of the Act.

(3)

When a declaration is made under section 6(2) of the Act—

(a)

a costs management order that has already been made shall not apply to any costs incurred after the declaration is made; and

(b)

the court may make any other order in relation to costs incurred before the declaration is made that it considers appropriate.

.
(2)

In rule 82.23—

(a)

omit paragraph (2);

(b)

renumber the first occurrence of paragraph (3) as paragraph (2);

(c)

omit the second occurrence of paragraph (3); and

(d)

immediately below what will become paragraph (2) insert—

(Rule 82.6 makes provision for hearings to be conducted in private.)

.

Signature

Sir Geoffrey Vos, MR

Lord Justice Birss

Mr Justice Pepperall

Master Sullivan

His Honour Judge Bird

District Judge Clarke

District Judge Johnson

Isabel Hitching KC

Tom Montagu-Smith KC

Ben Roe

Ian Curtis-Nye

I allow these Rules

Signed by authority of the Lord Chancellor

Sarah Sackman

Minster of State

Ministry of Justice

30th January 2025

Explanatory note

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) by—

  • amending rule 3.4 (power to strike out a statement of case) to provide that a claimant’s statement of case may be struck out where it appears to the court that the statement of case is a “SLAPP (strategic litigation against public participation) claim” within the meaning of section 195 of the Economic Crime and Corporate Transparency Act 2023 (c. 56) and the claimant has failed to show that it is more likely than not the claim would succeed at trial;

  • amending rule 4 (forms) to include reference to model orders, in consequence of references to be included in the revised version of Part 25.

  • amending rule 23.8 (applications which may be decided without a hearing), to remove a potential ambiguity in the drafting, so clarifying that the parties do not lose their right to make an application to set aside where they have previously been given an opportunity to make representations where the court is invited to proceed without a hearing;

  • replacing Part 25 (interim remedies and security for costs) with a revised Part 25, as part of the ongoing exercise of review of the Civil Procedure Rules and related practice directions with a view to streamlining and simplifying their content (in furtherance of the objective of Section 2(7) of the Civil Procedure Act 1997), and making consequential amendments in Part 52 and Part 74;

  • amending rule 42.2 (change of solicitor – duty to give notice) to include reference to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and to remove an unnecessary cross-reference;

  • amending rule 44.2 (court’s discretion as to costs) so that in respect of a “SLAPP claim”, the court may only order a defendant to pay a claimant’s costs where the defendant’s misconduct in relation to the claim justifies such an order;

  • amending rule 45.62 (soft tissue injury and whiplash injury claims) to increase the sums that are recoverable in respect of the cost of obtaining a fixed cost medical report and medical records;

  • amending rule 49.1 (practice directions for specific proceedings) so clarifying that a practice direction made under this rule may modify or disapply any provision in the Civil Procedure Rules in connection with the proceedings to which the practice direction applies;

  • amending rule 58.11 (case management) and rule 59.13 (case management), by including a cross-reference to rule 29.2(1A), to require the court to consider whether to order or encourage the parties to engage in alternative dispute resolution in claims in the Commercial Court and Circuit Commercial Courts respectively;

  • amending rule 65.45 (application to vary or discharge an injunction) so that an application under section 8 of the Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12) to vary or discharge an injunction may be made without notice, so as to be consistent with applications made under section 42(1) of the Policing and Crime Act 2009 (c. 26), to which rule 65.45 also applies;

  • amending Part 82 (closed material proceedings) by—

    • amending rule 82.5 (case management) to provide that, where in proceedings the court makes a declaration under section 6(2) of the Justice and Security Act 2013 (c. 18) permitting the making of closed material applications, the costs management provisions in Section II of Part 3 of the Rules shall not apply to those proceedings, and to further provide, first, that any costs management orders already made shall not apply to costs incurred after the declaration is made and, secondly, that the court may make any other order for costs incurred before the declaration is made that it considers appropriate; and

    • amending rule 82.23 (directions for hearing of application), to remove provisions which prevent a specially represented party and their legal representative from attending directions hearings in respect of, and the hearing of, an application for a declaration under section 6(2) of the 2013 Act, so permitting attendance at those hearings except as provided by rule 82.6 (hearings in private).