Statutory Instruments
Senior Courts Of England And Wales
County Court, England And Wales
Made
at 9.15 a.m. on 17th July 2020
Laid before Parliament
at 2.45 p.m. on 17th July 2020
Coming into force
23rd August 2020
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997(1) to make rules of court under section 1 of and Schedule 1 to that Act, and having fulfilled the requirements of section 2(6) of that Act, makes the following Rules:
1. These Rules may be cited as the Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 and come into force on 23rd August 2020.
2. In Part 55 of the Civil Procedure Rules 1998(2)—
(a)at the beginning of the list of contents insert—
| “Coronavirus – temporary provision | Rule 34.7A”; and |
(b)before rule 55.1 insert—
55.A1—(1) Practice Direction 55C makes provision for how claims under this Part (including appeals) are to proceed following the expiry of the stay provided for by rule 55.29.
(2) This Part has effect subject to Practice Direction 55C for the period specified, and in the manner specified, in Practice Direction 55C.”.
The Right Honourable Sir Terence Etherton, MR
Lord Justice Coulson
Mr Justice Birss
Mr Justice Kerr
His Honour Judge Jarman QC
Master Cook
District Judge Parker
Brett Dixon
David Marshall
Lizzie Iron
John McQuater
I allow these Rules
Robert Buckland
Lord Chancellor
Ministry of Justice
At 9.15 a.m. on 17th July 2020
(This note is not part of the Rules)
These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) to insert a new, temporary, rule which provides for how possession proceedings and enforcement proceedings by way of writ and warrant for possession, which were stayed until 23rd August 2020 by S.I. 2020/582, are to proceed after that stay expires.
The new rule provides (in exercise of the power given in paragraph 6 of the Schedule 1 to the Civil Procedure Act 1997 (c. 12)) that proceedings are to proceed as provided for by a new, temporary practice direction, Practice Direction 55C, which is added to the practice directions supporting the Civil Procedure Rules. That practice direction is published on the Ministry of Justice website at http://www.justice.gov.uk/courts/procedure-rules/civil.
As this is temporary, emergency legislation, no formal impact assessment is required for Better Regulation purposes.
1997 c.12. Section 2(1) was substituted by the Constitutional Reform Act 2005 (c.4), section 15 and Schedule 4 Part 1. Section 1(3) was substituted by section 82(1) of the Courts Act 2003 (c.39) and further amended by the Constitutional Reform Act 2005 sections 15, 146, Schedule 4 Part 1 and Schedule 18, Part 2.
S.I. 1998/3132. Part 55 was inserted by S.I. 2001/256. There are other amending instruments but none is relevant.