The Civil Procedure (Amendment) Rules 2020

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 12.3 to clarify the meaning of the rule as being that an acknowledgment of service or a defence will be a bar to the entry of judgment in default so long as it is filed before judgment is entered;

• amending rule 52.22(1) to make it clear that the court may have a “rolled-up” hearing of both substantive issues and costs issues notwithstanding the general rule that a Part 36 offer (to settle the claim) should not to be referred to in the appeal proceedings until all issues other than costs have been determined;

• amending rule 52.24 and rule 54.1 to allow for court staff who are Fellows of the Chartered Institute of Legal Executives (as well as those who are barristers or solicitors) to be able to be authorised to perform certain functions of the court;

• amending rule 53.2 to make clear how the Judge in Charge of the Media and Communications List is appointed;

• amending rule 55.11 and substituting a revised rule for rule 55.12 to remove demoted tenancies and oral tenancy agreements, cases involving which are now rare, from the accelerated possession process;

• amending Part 73 to enable legal advisers (court officers with certain legal qualifications), in certain circumstances, to make final charging orders, discharge interim charging orders, or otherwise refer the matter to a judge. Decisions of a legal adviser may be reconsidered by a District Judge. The provisions replace Practice Direction 51T – The County Court Legal Advisers Pilot Scheme – Final Charging Orders. A consequential amendment is made to rule 45.8.