The Civil Procedure (Amendment No.4) Rules 2011

Amendments to the Civil Procedure Rules 1998

7.  In Part 14—

(a) in the table of contents—

(i) in the left hand column, after “Admission of liability to pay claim for unspecified amount of money where defendant offers a sum in satisfaction of the claim”, insert “Automatic transfer”; and

(ii) in the right hand column, after “Rule 14.7”, insert “Rule 14.7A”; and

(b) after rule 14.7, insert—

“Automatic Transfer

14.7A.   If—

(a) a claimant files a request for judgment for an amount of money to be decided by the court in accordance with rule 14.6 or 14.7; and

(b) the claim is a designated money claim,

the court will transfer the claim to the preferred court.”;

(c) in rule 14.12—

(i) in paragraph (2), for “must” substitute “will”;

(ii) in paragraph (2)(c), omit “under rules 13.4 (application to set aside or vary default judgment-procedure) or rule 26.2 (automatic transfer)”;

(iii) at end of paragraph (2), omit “(Rule 2.3 explains which court is a defendant’s home court)”;

(iv) after paragraph (2), insert—

“(2A) Where the judge is to determine the time and rate of payment at a hearing, the proceedings will be transferred automatically to the preferred court if—

(a) the only claim is for a specified amount of money;

(b) the claim is a designated money claim;

(c) the defendant is not an individual; and

(d) the claim has not been transferred to another court.”; and

(v) in paragraph (3), for “must” substitute “will”; and

(d) in rule 14.13—

(i) in paragraph (3), for “must” substitute “will”;

(ii) in paragraph (3)(c), omit “under rules 13.4 (application to set aside or vary default judgment-procedure) or rule 26.2 (automatic transfer)”;

(iii) after paragraph (3), insert—

“(3A) Where an application for re-determination is made, the proceedings will be transferred to the preferred court if—

(a) the only claim (apart from a claim for interest or costs) is for a specified amount of money;

(b) the claim is a designated money claim;

(c) the defendant is not an individual; and

(d) the claim has not been transferred to another court.”; and

(iv) after paragraph (3), omit “(Rule 2.3 explains which court is a defendant’s home court)”.