http://www.legislation.gov.uk/id/uksi/2014/2044

http://www.legislation.gov.uk/uksi/2014/2044/article/10/made

The Civil Procedure (Amendment No. 6) Rules 2014

King's Printer of Acts of Parliament

2015-07-15

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURT, ENGLAND AND WALES

These Rules amend the Civil Procedure Rules 1998 (CPR) (SI 1998/3132), by—inserting provision into rule 30.5 so that an order for transfer of proceedings between the Chancery Division and a Queen’s Bench Division specialist list may only be made with the consent of the Chancellor of the High Court;amending rule 35.4 with regard to obtaining expert medical reports in relation to personal injury claims for whiplash (referred to as “soft tissue injury claims”) in respect of claims which cease to be subject to the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”);amending rules 36.10A, 36.14 and 36.14A with regard to offers made in relation to personal injury claims for whiplash where an offer to settle is made by a defendant before the claimant has obtained and disclosed a fixed cost medical report in accordance with the Pre-Action Protocol;amending rules 45.19 and 45.29I, to specify the costs that may be recovered for obtaining expert medical reports in relation to personal injury claims for whiplash, in respect of both claims started under the RTA Protocol and those which cease to be subject to it;amending rule 45.29F(9) to correct a typographical error;amending Part 52—by substituting a more general form of wording in rule 52.3(4) in light of the number of exceptions to which that rule is now subject and to obviate the need to amend it again if it becomes subject to further exceptions;by inserting new rule 52.5A, to make provision for obtaining certain transcripts at public expense for the purpose of appeal proceedings;to make the drafting in rule 52.9(3) gender neutral;by inserting provision into rule 52.15(1A) and (2), to respectively specify the time within which an application for permission to appeal must be made to the Court of Appeal following a refusal by the High Court to grant permission to judicially review a decision of the Upper Tribunal or where the application for permission to apply for judicial review is held to be totally without merit, and to provide that, where such an application is made, the Court of Appeal may, instead of granting permission to appeal the High Court’s refusal, give permission to apply for judicial review; andby inserting new rule 52.15A, to make provision in respect of applications (to both the Upper Tribunal and the Court of Appeal) for permission to appeal a refusal by the Upper Tribunal to grant permission to bring judicial review proceedings;amending rule 54.21(2)(a)(ix), to insert words which were omitted in error when that rule was first inserted by rule 3 of the Civil Procedure (Amendment No. 3) Rules 2014 (SI 2014/610);inserting provision into Part 57, first to give effect to a recommendation of the Law Commission (embodied in section 4 of the Inheritance (Provision for Family and Dependants) Act 1975 as amended), and secondly to provide for the procedure for applications for declarations of presumed death or variation orders, and related matters, under the Presumption of Death Act 2013;amending Part 65 to include in Section VIII of that Part provision for the procedure for applications for injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014, and related matters such as dealing with breach of such injunctions;amending rule 81.15(1), in consequence of amendments to the Police Reform Act 2002, to include the Independent Police Complaints Commission in the list of bodies;substituting a new rule 83.6, so that the rule now also applies to the non taking control of goods (TCG) elements of a writ or warrant that contains the power to use the TCG procedure, but which is not a writ of control or warrant of control; andamending rule 83.9 to include Chancery Chambers in the definition of “appropriate office”.

Amendments to the Civil Procedure Rules 199810

In Part 57—

a

for the title to this part, substitute “PROBATE, INHERITANCE AND PRESUMPTION OF DEATH”;

b

in the Table of Contents, at the end insert—

SECTION V – PROCEEDINGS UNDER THE PRESUMPTION OF DEATH ACT 2013
Scope and interpretation
57.17
Proceedings to be in the High Court
57.18
Procedure for claims for a declaration of presumed death or a variation order
57.19
Giving notice of claim
57.20
Advertisement of claim
57.21
Interveners
57.22
Requirement to provide information
57.23

SECTION V – PROCEEDINGS UNDER THE PRESUMPTION OF DEATH ACT 2013
Scope and interpretation	57.17
Proceedings to be in the High Court	57.18
Procedure for claims for a declaration of presumed death or a variation order	57.19
Giving notice of claim	57.20
Advertisement of claim	57.21
Interveners	57.22
Requirement to provide information	57.23

c

in rule 57.1—

i

at the end of paragraph (1)(c), delete “and”; and

ii

at the end of paragraph (1)(d), for “.” substitute—

; and
e
proceedings under the Presumption of Death Act 20134.

d

in rule 57.16—

i

in paragraph (3), after “must” insert “, except in the circumstances specified in paragraph (3A),”; and

ii

after paragraph (3) insert—

3A
Where no grant has been obtained, the claimant may make a claim without naming a defendant and may apply for directions as to the representation of the estate. The written evidence must—
a
explain the reasons why it has not been possible for a grant to be obtained;
b
be accompanied by the original or a copy (if either is available) of the will or other testamentary document in respect of which probate or letters of administration are to be granted; and
c
contain the following information, so far as known to the claimant—
i
brief details of the property comprised in the estate, with an approximate estimate of its capital value and any income that is received from it;
ii
brief details of the liabilities of the estate;
iii
the names and addresses of the persons who are in possession of the documents relating to the estate; and
iv
the names of the beneficiaries and their respective interests in the estate.
3B
Where a claim is made in accordance with paragraph (3A), the court may give directions as to the parties to the claim and as to the representation of the estate either on the claimant’s application or on its own initiative.
(Section 4 of the 1975 Act as amended confirms that nothing prevents the making of an application under the Act before representation with respect to the estate of the deceased person is taken out.)

e

at the end, insert Section V (Proceedings under the Presumption of Death Act 2013) as set out in the Schedule to these Rules.