The Civil Procedure (Amendment No.2) Rules 2009

These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2009.

Except as provided in paragraphs (3), (4) and (5), these Rules come into force on 6th April 2010.

Rules 3(a), 5(a) and 26(c) of these Rules come into force on 1st February 2010.

Rules 28(d) and 29(a) and (c) of these Rules comes into force on 15th February 2010.

Rules 3(b) and 6(f) of these Rules comes into force on 1st April 2010.

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

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

in rule 2.3(1), for the definition of “legal representative” substitute—

““legal representative” means a—

(a)

barrister;

(b)

solicitor;

(c)

solicitor’s employee;

(d)

manager of a body recognised under section 9 of the Administration of Justice Act 1985^f1; or

(e)

person who, for the purposes of the Legal Services Act 2007^f2, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

who has been instructed to act for a party in relation to proceedings;”; and

in rule 2.8(5), for “When the period specified—” substitute “Subject to the provisions of Practice Direction 5C, when the period specified—”

in the parenthesis below rule 5.4(2), for “The practice direction” substitute “Practice Direction 5A”;

in rule 5.4B(1), for “the Practice Direction” substitute “Practice Direction 5A”; and

in the parenthesis below rule 5.4C(1A), for “The Practice Direction to this Part” substitute “Practice Direction 5A”.

in rule 6.2, for sub-paragraph (d) substitute—

“(d)

“solicitor” includes any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).”;

in—

for “Practice Direction A supplementing this Part” substitute “Practice Direction 6A”;

in rule 6.6(1), after “rule” insert “6.7(2) or”;

for rule 6.7 substitute—

“Service of the claim form on a solicitor within the jurisdiction or in any EEA state

6.7.

(1)

Subject to rule 6.5(1), where—

(a)

the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or

(b)

a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,

the claim form must be served at the business address of that solicitor.

(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)

(2)

Subject to rule 6.5(1) and the provisions of Section IV of this Part, where—

(a)

the defendant has given in writing the business address within any EEA state of a solicitor as an address at which the defendant may be served with the claim form; or

(b)

a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any EEA state,

the claim form must be served at the business address of that solicitor.

(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)”

in the parenthesis below rule 6.10(b), for “The practice direction supplementing Part 66” substitute “Practice Direction 66”;

in rule 6.23(2)(a)—

in—

for “Practice Direction B supplementing this Part” substitute “Practice Direction 6B”; and

in the parenthesis below rules 6.6(2) and 6.23(1), for “the practice direction supplementing Part 16” substitute “Practice Direction 16”.

in rule 7.1, for “the relevant practice direction” substitute “the relevant practice directions supplementing this Part”;

in the third parenthesis below rule 7.2(2), for “costs practice direction” substitute “Costs Practice Direction”;

in rule 7.2A, for “The practice direction supplementing this Part” substitute “Practice Direction 7A”;

in rule 7.4(3)—

in rules 7.10(2) and 7.10(3), for “The relevant practice direction” substitute “Practice Direction 7C”; and

after rule 7.12 insert—

“(Practice Direction 5C deals with electronic issue of claims started or continued under the Electronic Working scheme.)”.

the third parenthesis below rule 8.2; and

the first parenthesis below rule 8.3,

in the parenthesis below 19.4A, for “A practice direction” substitute “Practice Direction 19A”;

in rule 19.9A(4)(a), for “the practice direction supplementing this rule” substitute “Practice Direction 19C”; and

in the parenthesis below rule 19.11(1), for “The practice direction” substitute “Practice Direction 19B”.

in rule 30.1(2), for “The practice direction may make” substitute “Practice Direction 30 makes”; and

in the parenthesis below rule 30.6 omit “(Administrative Court (Venue))”.

the parenthesis below rule 35.4(3A); and

rule 35.10(1),

in the parenthesis below rule 40.2(4), for “the Practice Direction supplementing Part 52” substitute “Practice Direction 52”; and

in the parenthesis below rule 40.18, for “practice direction relating to Part 44” substitute “Costs Practice Direction”.

in—

for “costs practice direction” substitute “Costs Practice Direction”; and

in rule 44.19(3)(a)(i), for “Practice Direction supplementing this rule” substitute “Costs Practice Direction”.

in the parenthesis below rule 45.1(2) for “The practice direction supplementing rule 7.9” substitute “Practice Direction 7B”;

in rule 45.9(2)(a) for “relevant practice direction” substitute “Costs Practice Direction”; and

in the parenthesis below rule 45.23 for “Practice Direction supplementing Part 45” substitute “Costs Practice Direction”.

in the first parenthesis below paragraph (2A); and

in paragraph (5)(b),

in rules 47.6(2) and 47.11(3); and

in the parenthesis below rules 47.1, 47.3, 47.4(1), 47.6(3), 47.9(3), 47.11(1), 47.12(4), 47.13, 47.14, 47.16(5), 47.19(2),

in—

for “costs practice direction” substitute “Costs Practice Direction;

in rule 48.6(4)(b), for “practice direction” substitute “Costs Practice Direction”; and

in rule 48.6(6)(b), for “or other authorised litigator (as defined in the Courts and Legal Services Act 1990)” substitute “, manager of a body recognised under section 9 of the Administration of Justice Act 1985 or a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act)”.

in the table of contents, for “Parties to comply with practice direction” substitute “Parties to comply with Practice Direction 52”;

in—

for “the practice direction” substitute “Practice Direction 52”;

in rules 52.2, 52.3(1)(b) and 52.6(2)(b), for “the relevant practice direction” substitute “Practice Direction 52”; and

in rule 52.7(b), for “Asylum and Immigration Tribunal” substitute “Immigration and Asylum Chamber of the Upper Tribunal”.

in the table of contents, omit—

in rule 54.6(2), for “the relevant practice direction” substitute “Practice Direction 54A”; and

omit Section III.

in rule 55.3(3), for “The practice direction” substitute “Practice Direction 55A”;

in rules 55.3(5), 55.13(1)(a), 55.14(2), 55.22(2), 55.22(3)(a), 55.23(1)(c), 55.24(2) and 55.25(3), for “the relevant practice direction” substitute “Practice Direction 55A”; and

in the parenthesis below rule 55.4, for “The relevant practice direction and Part 16” substitute “Part 16 and Practice Direction 55A”.

in rule 56.2(3), for “The practice direction” substitute “Practice Direction 56”; and

in the parenthesis below rule 56.3(4), for “The practice direction to this Part” substitute “Practice Direction 56”.

in rule 57.4(3), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”;

in—

for “the practice direction” substitute “Practice Direction 57”;

in rules 57.12(3) and 57.13(4), for “The practice direction” substitute “Practice Direction 57”;

in rule 57.15(2), for “its practice direction” substitute “Practice Direction 40B”; and

in rule 57.16(4A), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”.

in rule 58.1(2), for “its practice direction” substitute “Practice Direction 58”; and

in rule 58.13(3), for “the practice direction” substitute “Practice Direction 58”.

in rule 59.1—

in rule 59.11(3), for “the practice direction” substitute “Practice Direction 59”.

in rules 60.1(2), 60.1(2)(b) and 60.1(5)(b)(i), for “its practice direction” substitute “Practice Direction 60”;

in the parenthesis below rule 60.1(3), for “The Practice Direction” substitute “Practice Direction 60”;

in rule 60.4(c), for “the practice direction” substitute “Practice Direction 60”; and

in rule 60.6(2), for—

in rules 61.1(2)(i), 61.3(2), 61.3(5)(a), 61.4(5), 61.4(6)(a), 61.5(3)(b), 61.5(5)(a), 61.7(2), 61.8(2), 61.8(4)(c), 61.8(4)(d)(i), 61.9(3)(a)(i), 61.11(2), 6.11(7), 61.11(9)(a), 61.11(9)(b), 61.11(11)(a) and 61.11(12), for “the practice direction” substitute “Practice Direction 61”; and

in rule 61.5(2) for “The practice direction” substitute “Practice Direction 61”.

in rules 63.1(1)(b)(iv), 63.6, 63.8(3), 63.9, 63.13, 63.13(c), for “the practice direction” substitute “Practice Direction 63”; and

omit rule 63.1(2)(i).

in rule 64.1(2), for “its practice directions” substitute “Practice Directions 64A and 64B”; and

in rule 64.6(2), for “the practice direction” substitute “Practice Direction 64A”.

in rules 65.3(1), 65.3(2)(a), and 65.14(2), for “the relevant practice direction” substitute “Practice Direction 65”; and

in the parenthesis below rule 65.14(2), for “The relevant practice direction and Part 16” substitute “Part 16 and Practice Direction 65”.

in the second parenthesis below rule 67.1 for “The practice direction supplementing Part 52” substitute “Practice Direction 52”; and

in the second parenthesis below rule 67.3(1)—

in the parenthesis below rules 69.2, 69.6 and 69.8(1), for “The practice direction” substitute “Practice Direction 69”; and

in the parenthesis below rule 69.8(6), for “The practice direction supplementing Part 40” substitute “Practice Direction 40A”.

in rule 70.2(1), for “The relevant practice direction” substitute “Practice Direction 70”; and

in rules 70.5(2A)(b), 70.5(5) and 70.5(8), for “the practice direction supplementing this Part” substitute “Practice Direction 70”.

in—

in rule 73.22, for “The practice direction supplementing this Part” substitute “Practice Direction 73”.

in rules 75.1(1) and 75.5, for “The practice direction supplementing this Part” substitute “Practice Direction 75”; and

in rules 75.1(2)(f) and 75.3(2)(c)(v), for “the practice direction supplementing this Part” substitute “Practice Direction 75”.

in rules 77.2 and 77.3, for “the practice direction supplementing this Part” substitute “Practice Direction 77”; and

in rule 77.5, “the Practice Direction supplementing this Part” substitute “Practice Direction 77”.

in paragraphs (2) and (10), for “the relevant practice direction” substitute “Practice Direction 4”; and

in paragraphs (6), (7) and (13), for “the relevant Practice Direction” substitute “Practice Direction 4”.