http://www.legislation.gov.uk/id/uksi/2019/342

http://www.legislation.gov.uk/uksi/2019/342/article/15/made

The Civil Procedure (Amendment) Rules 2019

King's Printer of Acts of Parliament

2019-06-13

SENIOR COURTS OF ENGLAND AND WALES

COUNTY COURT, ENGLAND AND WALES

These Rules amend the Civil Procedure Rules 1998 (SI 1998/3132) by—amending the table of contents to Part 5 to correct an earlier minor drafting omission;amending rule 21.12(1A), to clarify that the restrictions this rule imposes regarding the recoverability of costs and expenses by a litigation friend apply only where the litigation friend acts on behalf of a child and not when they act on behalf of a protected party;amending rule 21.12(8), to clarify that a failure by the parties to agree an amount to be paid in respect of a disbursement of a kind permitted under section II, III or IIIA of Part 45, under which costs are fixed, should not preclude determination of a litigation friend’s application for a payment out of a claimant’s damages under rule 21.12(1);amending Part 39 (Miscellaneous Provisions Relating to Hearings), as part of several changes to reflect more properly the principles of open justice, to include, with minor amendments, provisions previously included in Practice Direction 39A, which will be removed on the date that these Rules come in to force, as well as making a consequential amendment to Part 27;amending Part 61 (Admiralty Claims), in order to, amongst other matters—address the lacuna in the present rules highlighted by The Atlantik Confidence [2014] 1 Lloyd’s Rep 1 586, by creating a mechanism for limitation funds to be constituted by providing security as well as, or in addition to, paying money into court; andmake miscellaneous changes proposed by the Admiralty Court Users Committee, including the addition of definitions of both “Admiralty Judge” and “Admiralty Registrar”, as well as including reference to claims “in personam”, as opposed to what were previously termed “other claims”, to correspond with the statutory language used in the Senior Courts Act 1981 (c.54), and to reform the rules as to costs in collision claims where a party at trial equals or betters certain offers made by them.

Amendment of Part 6115

In rule 61.11—

a

in paragraph (5)—

i

at the end of the paragraph, for the full stop substitute “; or”; and

ii

after the last sentence of the paragraph, insert—

d
rule 6.33 applies.

b

for paragraph (18) substitute—

18
The claimant may constitute a limitation fund by—
a
making a payment into court;
b
providing security in such form and on such terms as considered adequate by the court; or
c
a combination of (a) and (b),
the procedure for which, in each case, is set out in Practice Direction 61.

c

in paragraph (20)—

i

in sub-paragraph (a), after the semi-colon, omit “and”;

ii

in sub-paragraph (b), for the full stop substitute “; and”; and

iii

after sub-paragraph (b), insert—

c
any security provided will be discharged.

d

in paragraph (21), after “will not be paid out”, insert “, nor will any security provided be discharged,”.