EXPLANATORY NOTE
(This note is not part of the Order)
These Rules make the following amendments to the Civil Procedure Rules 1998 (CPR)—
(1) amendments to rules 3.12 and 3.15 to clarify the proceedings to which Section II (costs management) of Part 3 of the CPR applies and the circumstances in which the court will make a costs management order;
(2) amendments to rules 81.13(1) and 81.18(3), so that certain permission applications in relation to committal for interference with the due administration of justice or in relation to committal for making a false statement of truth or disclosure statement can be made to any single judge of the High Court, rather than only to a single judge of the Queen’s Bench Division; and
(3) a series of amendments consequential on—
(i)changes to the CPR in relation to enforcement (particularly the introduction of Parts 83 to 86) made by the Civil Procedure (Amendment) Rules 2014 (SI 2014/407) (“the main enforcement rules”);
(ii)other changes in relation to enforcement made by the Tribunals, Courts and Enforcement Act 2007; and
(iii)the implementation of the single County Court on the coming into force of provisions in Section 17 of, and Schedule 9 to, the Crime and Courts Act 2013 (c. 22) and changes to the CPR in respect of the single County Court made by the Civil Procedure (Amendment) Rules 2014.
The consequential amendments—
(a)include amendments to:
(i)rule 26.2A(6);
(ii)rule 45.8, Table 5;
(iii)rule 55.26(3);
(iv)rule 55.27(5);
(v)rule 66.6(1) (this amendment is also consequential on the introduction of Part 81 and other changes made in relation to contempt and committal - see SI 2012/2208);
(vi)rule 81.35;
(vii)rule 81.37(3);
(viii)rule 83.2 to include new subparagraphs (7A) and (7B), which are designed to replace former RSC Order 46 rule 2(3), which was omitted by the main enforcement rules; and
(ix)CCR Order 44 rule 4(2) (this amendment is also consequential on amendments made by the main enforcement rules which insert references to “County Court hearing centres”);
(b)introduce new rule 83.2A, designed to replace former RSC Order 46 rule 5, which again was omitted by the main enforcement rules;
(c)omit—
(i)rule 5.2(1)(b)(ii); and
(ii)CCR Order 16; and
(d)also amend—
(i)CCR Order 1, rule 6;
(ii)CCR Order 28;
(iii)CCR Order 39;
(iv)CCR Order 44, rule 4; and
(v)CCR Order 49, rule 19.