The Civil Procedure (Amendment No.4) Rules 2011

Amendments to the Civil Procedure Rules 1998

9.  In Part 26—

(a) in the table of contents—

(i) in the left hand column, for “Automatic transfer” substitute “Automatic transfer – generally”;

(ii) in the left hand column, after “Automatic transfer” insert “Automatic transfer of designated money claims”; and

(iii) in the right hand column, after “Rule 26.2” insert “Rule 26.2A”;

(b) in rule 26.2—

(i) in the heading to that rule, after “Automatic transfer” insert “– generally”; and

(ii) in paragraph (1)—

(aa) at the beginning, insert “This rule applies where rule 26.2A does not apply.”; and

(bb) in paragraph (1)(c), omit “under rule 13.4 (application to set aside or vary judgment - procedure) or rule 14.12 (admission - determination of rate of payment by judge)”;

(c) after rule 26.2, insert—

“Automatic transfer of designated money claims

26.2A.— (1) This rule applies where the claim is a designated money claim.

(2) If at any time before the service of a notice by the court under rule 26.3(1A) a proper officer considers that the claim should be referred to a judge for directions, the proper officer may transfer the proceedings to the preferred court.

(3) Subject to paragraph (5), if the defendant is an individual and the claim is for a specified sum of money, the court will, at the relevant time, transfer the claim to the defendant’s home court (save that where there are two or more defendants, one or more of whom are individuals, the court will transfer the claim to the home court of the defendant who first files his defence).

(4) Subject to paragraph (5), in any other claim to which this rule applies, the court will, at the relevant time, transfer the claim to the preferred court.

(5) If a defendant under paragraph (3) or a claimant under paragraph (4) has specified a court other than the preferred court on their allocation questionnaire, the court will transfer the claim to that court.

(6) The relevant time for the purposes of this rule is when—

(a) all parties have filed their allocation questionnaires; or

(b) the period for filing allocation questionnaires has expired,

whichever occurs first, save that, where allocation questionnaires are not required, the relevant time is the time prescribed for filing the defence.”;

(d) in rule 26.3—

(i) in paragraph (1)—

(aa) for “the court will serve” substitute “each party must file”; and

(bb) omit “on each party”;

(ii) after paragraph (1), insert—

“(1A) When a defendant files a defence, the court will serve a notice on each party—

(a) identifying the appropriate allocation questionnaire to be filed;

(b) stating the date by which the allocation questionnaire must be filed;

(c) stating the court to which the allocation questionnaire must be returned; and

(d) informing them how to obtain the allocation questionnaire.

(1B) The court will always serve on any unrepresented party the appropriate allocation questionnaire.”;

(iii) in paragraph (2), for “allocation questionnaire under paragraph (1)” substitute “a notice under paragraph (1A)”;

(iv) in paragraph (3), for “an allocation questionnaire” substitute “a notice under paragraph (1A)”;

(v) in paragraph (4), for “an allocation questionnaire” substitute “a notice under paragraph (1A)”; and

(vi) in paragraph (6), for “specified in it” substitute “specified in the notice served under paragraph (1A)”.