Explanatory note

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

• amending Part 2 (application and interpretation of the rules) to provide that, where proceedings are subject to Online Procedure Rules made under the Judicial Review and Courts Act 2022 (c. 35), the Civil Procedure Rules shall apply only as expressly permitted, and to include a definition of “Online Procedure Rules”;

• amending Part 31 (disclosure and inspection of documents) by inserting new rule 31.12A (ordering a party to request another person to disclose a document) to expressly provide that the court may direct a party to seek disclosure of documents from a person who is not a party to the proceedings;

• amending Part 45 (fixed costs) by—

  • amending rule 45.7 (counterclaims) to correct a cross-reference; and

  • amending rule 45.58 (disbursements – section IV) to reflect the renaming of the Motor Insurance Database;

• amending rule 54.5 (time limit for filing claim form) to provide that, where an application for judicial review concerns a decision to which the Procurement Act 2023 (c. 54) applies, the claim form must be filed within the time limit specified in section 106(1) and (2) of that Act;

• amending Part 77 (provision in support of criminal justice) to include in Section 1 (serious crime prevention orders) applications for interim serious crime prevention orders, following amendments to the Serious Crime Act 2007 (c. 27) made by the Border Security, Asylum and Immigration Act 2025 (c. 31); and

• amending Part 82 (closed material procedure) by—

  • amending rule 82.23 (directions for hearing of application) to include a signpost to rule 82.18 (supply of court documents); and

  • inserting new rule 82.26A (special advocate’s position statement) which enables a special advocate to file, or the court to direct the filing of, a statement of case, a witness statement, or grounds of challenge, limited to matters arising substantially out of the sensitive material served on them.