The Civil Procedure (Amendment No.7) Rules 2013

Amendments to the Civil Procedure Rules 1998

This section has no associated Explanatory Memorandum

20.  In Part 45—

(a)In the index to that Part, in the entry for Section IV, for “A PATENTS COUNTY COURT” substitute “THE INTELLECTUAL PROPERTY ENTERPRISE COURT”;

(b)in rule 45.18(6), for “value added tax (VAT)” substitute “VAT”;

(c)in the heading to Section IV, for “A PATENTS COUNTY COURT” substitute “THE INTELLECTUAL PROPERTY ENTERPRISE COURT”;

(d)in rule 45.29E, in Table D, in part A, in the entry for fixed costs where the agreed damages are more than £5,000, but less than £10,000, in subparagraph (b), for “10.5%” substitute “10%”;

(e)in rule 45.29H(3)—

(i)for “if” substitute “If”; and

(ii)for “; and” substitute “.”;

(f)in rule 45.30—

(i)in paragraph (1), for “a patents county court” substitute “the Intellectual Property Enterprise Court”; and

(ii)in paragraph (2)(b), after “certified by a court” insert “or by the Comptroller-General of Patents, Designs and Trade Marks”;

(g)in rule 45.31—

(i)after paragraph (4) insert—

(4A) Subject to assessment where appropriate, the following may be recovered in addition to the amount of the scale costs set out in Practice Direction 45 – Fixed Costs—

(a)court fees;

(b)costs relating to the enforcement of any court order; and

(c)wasted costs.; and

(ii)in paragraph (5), for “value added tax (VAT)” substitute “VAT”; and

(h)at the end of rule 45.38(3)(a)(ii), for “.” substitute “; and”.