http://www.legislation.gov.uk/id/uksi/2005/2292

http://www.legislation.gov.uk/uksi/2005/2292/schedule/1/made

The Civil Procedure (Amendment No.3) Rules 2005

Public holidays

King's Printer of Acts of Parliament

2016-10-06

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

These Rules add the following new provisions to the Civil Procedure Rules 1998—A new rule 3.7A, which provides sanctions for non-payment of fees in respect of counterclaims.A new rule 3.7B, which provides sanction where a cheque tendered in payment of a fee payable on taking a particular step in proceedings is subsequently dishonoured.A new rule 6.11 and 6.11A, in substitution for the existing rule 6.11, which require the court to notify a party (who has requested it to serve a document) if that document is subsequently returned to the court or the court bailiff is unable to serve it.A new rule 19.7B, which makes provision for an application under section 92 of the Postal Services Act 2000 for permission to bring proceedings in the name of the sender or addressee of a postal packet to be made.A new rule 21.11A, which allows a litigation friend to recover reasonable expenses out of a child’s or patient’s funds. Consequential amendments are made to rule 48.5 to capture, for the purposes of assessment, costs payable to the litigation friend (as well as to the solicitor) and costs payable out of a child’s or patient’s funds (as well as those payable directly by the child or patient).A new rule 27.14(2A), which provides that the rejection of an offer to settle in cases on the small claims track does not itself constitute unreasonable behaviour, but may be taken into account when the court considers the reasonableness of the parties' conduct generally.A new rule 32.20, which gives probative force to notarial acts.A new rule 44.13(1A), which provides that where certain categories of order are silent with respect to costs, the order will be deemed to include an order for costs in the case.A new Section V of Part 45, which makes provision for personal injury claims against an employer relating to a disease. The Section makes provision for fixed percentage increases to apply to legal representative’s fees in respect of success fees, where the claimant has entered into a conditional fee agreement or collective conditional fee agreement which provides for a success fee. Consequential amendment is made to rule 45.20, to differentiate Section IV and Section V claims.A new rule 55.10A, which enables a practice direction to make provision for a claimant to start certain types of possession claim in certain courts by requesting the issue of a claim form electronically.A new rule 60.7 which clarifies the position in the Technology and Construction Court that parties will draw up orders, unless the court orders otherwise. Similar provision is made for the Queen’s Bench Division at the Royal Courts of Justice, by an amendment to rule 40.3.A new rule 63.4A, which makes provision to secure that as far as practicable and appropriate, proceedings in the patents county court are dealt with by the patents judge. Consequential amendment is made to rule 63.1 to introduce a definition of patents judge.A new Part 66, which replaces RSC Order 77 and CCR Order 42. The amendments revoke the Crown’s privileges in determining the venue of civil proceedings and in transferring civil proceedings from the county courts to the High Court. They also revoke procedural powers concerning the content of claim forms, default judgments, summary judgments and interrogatories in civil proceedings by or against the Crown. Consequential amendments are made to rule 6.1 (Rules about service), rule 6.4 (Personal service), rule 6.5 (Address for service), rule 12.4 (Procedure for obtaining default judgment), rule 12.10 (Default judgment obtained by making an application), rule 16.2 (Contents of the claim form), rule 19.4 (Procedure for adding and substituting parties), rule 24.4 (Procedure for obtaining summary judgment) and rule 30.3 (Criteria for transfer order). RSC Order 77, CCR Order 42 and CCR Order 49, rule 15 are revoked. Amendments to the Crown Proceedings Act 1947 are made by the Civil Procedure (Modification of Crown Proceedings Act 1947) Order 2005.A new Section V of Part 74, which makes provision for the certification of judgments of the courts of England and Wales as European Enforcement Orders, and for the recognition and enforcement in England and Wales of judgments of other Contracting States that have been certified as European Enforcement Orders, under Council Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims (Official Journal L 143, 30/04/2004 P. 0015 – 0039). Consequential amendments are made to rule 74.1.

SCHEDULE 1

Rule 40

V FIXED RECOVERABLE SUCCESS FEES IN EMPLOYER'S LIABILITY DISEASE CLAIMS
Scope and Interpretation45.23
1
Subject to paragraph (2), this Section applies where—
a
the dispute is between an employee (or, if the employee is deceased, the employee’s estate or dependants) and his employer (or a person alleged to be liable for the employer’s alleged breach of statutory or common law duties of care); and
b
the dispute relates to a disease with which the employee is diagnosed that is alleged to have been contracted as a consequence of the employer’s alleged breach of statutory or common law duties of care in the course of the employee’s employment; and
c
the claimant has entered into a funding arrangement of a type specified in rule 43.2(1)(k)(i).
2
This Section does not apply where—
a
the claimant sent a letter of claim to the defendant containing a summary of the facts on which the claim is based and main allegations of fault before 1^st October 2005; or
b
rule 45.20(2)(b) applies.
3
For the purposes of this Section—
a
rule 45.15(6) applies;
b
“employee” has the meaning given to it by section 2(1) of the Employers' Liability (Compulsory Insurance) Act 1969;
c
“Type A claim” means a claim relating to a disease or physical injury alleged to have been caused by exposure to asbestos;
d
“Type B claim” means a claim relating to—
i
a psychiatric injury alleged to have been caused by work-related psychological stress;
ii
a work-related upper limb disorder which is alleged to have been caused by physical stress or strain, excluding hand/arm vibration injuries; and
e
“Type C claim” means a claim relating to a disease not falling within either type A or type B.
(The Table annexed to the Practice Direction supplementing Part 45 contains a non-exclusive list of diseases within Type A and Type B).
Percentage increase of solicitors' fees45.24
1
In the cases to which this Section applies, subject to rule 45.26, the percentage increase which is to be allowed in relation to solicitors' fees is—
a
100% if the claim concludes at trial; or
b
where—
i
the claim concludes before a trial has commenced; or
ii
the dispute is settled before a claim is issued,
to be determined by rule 45.24(2).
2
Where rule 45.24(1)(b) applies, the percentage increase which is to be allowed in relation to solicitors' fees is—
a
in type A claims—
i
30% if a membership organisation has undertaken to meet the claimant’s liabilities for legal costs in accordance with section 30 of the Access to Justice Act 1999; and
ii
27.5% in any other case;
b
in type B claims, 100%; and
c
in type C claims—
i
70% if a membership organisation has undertaken to meet the claimant’s liabilities for legal costs in accordance with section 30 of the Access to Justice Act 1999; and
ii
62.5% in any other case.
(“Membership organisation” is defined in rule 43.2(1)(n)).
Percentage increase of counsel’s fees45.25
1
In the cases to which this Section applies, subject to rule 45.26, the percentage increase which is to be allowed in relation to counsel’s fees is—
a
100% if the claim concludes at trial; or
b
where—
i
the claim concludes before a trial has commenced; or
ii
the dispute is settled before a claim is issued,
to be determined by rule 45.25(2).
2
Where rule 45.25(1)(b) applies, the percentage increase which is to be allowed in relation to counsel’s fees is—
a
if the claim has been allocated to the fast track, the amount shown in Table 6; and
b
if the claim has been allocated to the multi-track, the amount shown in Table 7.
3
Where a trial period has been fixed, rules 45.17(2) to 45.17(5) apply for the purposes of determining the date fixed for the commencement of the trial.
Table 6
Claims allocated to the fast track
If the claim concludes 14 days or less before the date fixed for commencement of the trial
If the claim concludes more than 14 days before the date fixed for commencement of the trial or before any such date has been fixed
Type A claim
50%
27.5%
Type B claim
100%
100%
Type C claim
62.5%
62.5%
Table 7
Claims allocated to the multi-track
If the claim concludes 21 days or less before the date fixed for commencement of the trial
If the claim concludes more than 21 days before the date fixed for commencement of the trial or before any such date has been fixed
Type A claim
75%
27.5%
Type B claim
100%
100%
Type C claim
75%
62.5%
Alternative percentage increase45.26
1
In cases to which this Section applies and subject to paragraph (2) below, rules 45.18(2) to (4) apply where the percentage increase is the amount allowed under rules 45.24 and 45.25.
2
For the purposes of this section, the sum of £250,000 shall be substituted for the sum of £500,000 in rules 45.18(2)(a) to (c).
3
Where the percentage increase of fees is assessed by the court under rule 45.18(4), as applied by paragraph 1 above, the percentage increase to be allowed shall be the amount shown in Table 8.
4
The percentage increase cannot be varied where the case concludes at trial.
Table 8
Type of claim
Amount Allowed
A
If the percentage increase is assessed as greater than 40% or less than 15%, the percentage increase that is assessed by the court.
If the percentage increase is assessed as no greater than 40% and no less than 15%–
i
27.5%; and
ii
the costs of the application and assessment shall be paid by the applicant.
B
If the percentage increase is assessed as less than 75%, the percentage increase that is assessed by the court.
If the percentage increase is assessed as no less than 75%–
i
100%; and
ii
the costs of the application and assessment shall be paid by the applicant.
C
If the percentage increase is assessed as greater than 75% or less than 50%, the percentage increase that is assessed by the court.
If the percentage increase is assessed as no greater than 75% and no less than 50%–
i
62.5%; and
ii
the costs of the application and assessment shall be paid by the applicant.

	If the claim concludes 14 days or less before the date fixed for commencement of the trial	If the claim concludes more than 14 days before the date fixed for commencement of the trial or before any such date has been fixed
Type A claim	50%	27.5%
Type B claim	100%	100%
Type C claim	62.5%	62.5%