The Civil Procedure (Amendment) Rules 2022

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (S.I. 1998/3132) by—

• amending Part 1 to remove the word “new” from the opening words which describe the Rules as a “new procedural code”;

• amending Part 2 to revise the definition of “filing” and insert a new definition of “MyHMCTS” in relation to the introduction of a system to allow notices of change of solicitor (as defined in rule 6.2(d)) to be filed at the court online. Amendments are also made to rule 42.2(3) to accommodate this new online system;

• substituting Part 10 with a revised Part on acknowledgment of service;

• substituting Part 12 with a revised Part on default judgment;

• amending Part 26 to increase from £1,000 to £1,500 the small claims track limit for non-road traffic accident related personal injury claims and making consequential amendments to Parts 16, 27 and 45;

• amending Part 39 in response to the judgement in Brearley v Higgs & Sons (A Firm) [2021] EWHC 1342 (Ch) to extend the breadth of rule 39.2(4) to bring all instances in which the court may exercise a jurisdiction to anonymise under the same procedural provision;

• amending Part 47 to exclude from the powers of an authorised costs officer the power to impose a sanction for delay in requesting detailed assessment proceedings (the power to impose a sanction for delay in commencing detailed assessment proceedings is already excluded);

• amending Parts 52 and 54 in consequence of new Practice Direction 54D (Planning Court claims and appeals to the Planning Court), which consolidates provisions to be found elsewhere in practice directions regarding the Planning Court;

• amending Part 65 to include provision for ensuring that the respondent is made aware of the opportunity to obtain legal representation and to apply for legal aid.