The Civil Procedure (Amendment) Rules 2022

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2022 and come into force on 6th April 2022, except as provided by paragraph (2).

(2) The amendments made by rules 6 and 7 apply only to claims made on or after 6th April 2022.

(3) In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998(1).

Transitional and saving provision

2.  The amendments made by rules 8, 9, 10 and 13 apply to claims where either—

(a) the date on which the cause of action accrues; or

(b) the date of knowledge of the person injured,

is on or after 6th April 2022.

Amendments to the Civil Procedure Rules 1998

3.  The Civil Procedure Rules 1998 are amended in accordance with rules 4 to 17 of these Rules.

Amendment of Part 1

4.  In rule 1.1(1), omit “new”.

Amendment of Part 2

5.  In rule 2.3(1)—

(a) for the definition of “filing” substitute—

““filing”, in relation to supplying a document or information to the court, means delivering the document or information, by post or otherwise, to the court office;”; and

(b) after the definition of “litigation friend” insert—

““MyHMCTS” means the online case management tool managed by Her Majesty’s Courts and Tribunals Service;”.

Substitution of Part 10

6.  For Part 10, substitute Part 10 set out in Schedule 1 to these Rules.

Substitution of Part 12

7.  For Part 12, substitute Part 12 set out in Schedule 2 to these Rules.

Amendment of Part 16

8.  In rule 16.3—

(a) in paragraph (3)—

(i) for “paragraph (3A)” substitute “paragraphs (3A) and (3AA); and

(ii) in sub-paragraphs (a) and (b), for “£1,000” substitute “£1,500”; and

(b) after paragraph (3A), insert—

“(3AA) Where—

(a) a claim for personal injuries arises from a road traffic accident; and

(b) rule 26.6A applies to that claim,

the claimant must state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is—

(i) not more than £1,000; or

(ii) more than £1,000.”.

Amendment of Part 26

9.  In rule 26.6(1)(a)(ii)(cc), for “£1,000” substitute “£1,500”.

Amendment of Part 27

10.  In rule 27.1(2), in the words in parenthesis, in the second bullet point, for “£1,000” substitute “the relevant value specified in rule 26.6(1)(a)(ii)(aa), (bb) or (cc), being £5,000, £1,000 or £1,500, respectively”.

Amendment of Part 39

11.  In rule 39.2(4), each time it appears, for “party or witness” substitute “person”.

Amendment of Part 42

12.  In rule 42.2(3), for “The notice” substitute “Except in the case of notice filed at court using MyHMCTS, the notice”.

Amendment of Part 45

13.  In rule 45.29E—

(a) in Table 6C, in Section A, in the entry for “agreed damages”, in the second column, for “£1,000” substitute “£1,500”; and

(b) in Table 6D, in Section A, in the entry for “agreed damages”, in the second column, for “£1,000” substitute “£1,500”.

Amendment of Part 47

14.  In rule 47.3(1)(b)(ii)—

(a) for “rule” substitute “rules”; and

(b) at the end insert “and 47.14.(3) and (4) (sanction for delay in requesting a detailed assessment hearing)”.

Amendment of Part 52

15.  In rule 52.10, after paragraph (1), in the words in parenthesis, for “Practice Direction 8C” substitute “Practice Direction 54D”.

Amendment of Part 54

16.  In rules—

(a) 54.22(3); and

(b) 54.24,

for “Practice Direction 54E” substitute “Practice Direction 54D”.

Amendment of Part 65

17.—(1) In rule 65.18(1), after “court” insert “shall take appropriate steps to ensure that the respondent is aware of their entitlement to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test, and”.

(2) In rule 65.43(2)—

(a) at the end of sub-paragraph (b), omit “and”;

(b) at the end of sub-paragraph (c), for the full stop substitute “; and”; and

(c) after sub-paragraph (c), insert—

“(d) must include a statement that the respondent is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test.”.

The Right Honourable Sir Geoffrey Vos, MR

Lord Justice Birss

Mr Justice Kerr

Mr Justice Trower

His Honour Judge Jarman QC

Master Cook

Tom Montagu-Smith QC

Lizzie Iron

John McQuater

I allow these Rules

David Wolfson

Parliamentary Under-Secretary of State for Justice

Ministry of Justice

31st January 2022