The Civil Procedure (Amendment No. 3) Rules 2024

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2024 and come into force on 1st October 2024.

(2) 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).

Amendments to the Civil Procedure Rules 1998

2.  The Civil Procedure Rules 1998 are amended in accordance with rules 3 to 19 of these rules.

Amendment of Part 1

3.—(1) In rule 1.1(2)—

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

(b) after sub-paragraph (e) insert—

“(f) promoting or using alternative dispute resolution;” and

(c) renumber the existing sub-paragraph (f) as sub-paragraph (g).

(2) In rule 1.4(2)(e), for “encouraging” to “such procedure” substitute “ordering or encouraging the parties to use, and facilitating the use of, alternative dispute resolution”.

Amendment of Part 2

4.—(1) In rule 2.3(1), in the definition of “judge”, for “means” to “Master” substitute “includes, unless the context otherwise requires, a Master, Admiralty Registrar, Insolvency and Companies Court Judge (“ICC Judge”)”.

(2) In rule 2.4(1)(a), for “judge” to “that Court” substitute “judge of that Court, including a Master, Admiralty Registrar, ICC Judge or District Judge”.

Amendment of Part 3

5.—(1) In rule 3.1—

(a) in paragraph (2)—

(i) sub-paragraph (bb) is renumbered as sub-paragraph (c);

(ii) existing sub-paragraphs (c) to (ll) are renumbered as sub-paragraphs (d) to (n);

(iii) after sub-paragraph (n) as so renumbered insert—

“(o) order the parties to engage in alternative dispute resolution; and”; and

(iv) existing sub-paragraph (m) is renumbered as sub-paragraph (p).

(b) in paragraph (3A), for “(2)(bb)” substitute “(2)(c)”.

(2) In rule 3.7A1—

(a) in paragraph (7), for “costs which the defendant has incurred” substitute “defendant’s costs in accordance with rule 44.9(1)”; and

(b) (b) in paragraph (8), for “costs which the defendant has incurred” substitute “defendant’s costs in accordance with rule 44.9(1)”.

Amendment of Part 7

6.  In rule 7.1B, for “paragraph (1)” substitute “rule 7.1A”.

Amendment of Part 26

7.  In rule 26.15, in Table 1, in the entry for complexity band 3(e), for “other money claims” substitute “other claims for a sum of money, whether the sum is specified or unspecified, except claims that fall under complexity band 1(b)”.

Amendment of Part 28

8.—(1) In rule 28.7(1)—

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

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

(c) after sub-paragraph (c) insert—

“(d) whether to order or encourage the parties to engage in alternative dispute resolution.”; and

(d) omit the first set of words in parentheses after paragraph (1).

(2) In rule 28.14—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (d), omit “and”;

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

(iii) after sub-paragraph (e) insert—

“(f) whether to order or encourage the parties to engage in alternative dispute resolution.”; and

(b) in paragraph (3), omit sub-paragraph (a).

Amendment of Part 29

9.  In rule 29.2, after paragraph (1) insert—

“(1A) When giving directions, the court must consider whether to order or encourage the parties to engage in alternative dispute resolution.”.

Amendment of Part 44

10.—(1) In rule 44.2(5)—

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

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

(c) after sub-paragraph (d) insert—

“(e) whether a party failed to comply with an order for alternative dispute resolution, or unreasonably failed to engage in alternative dispute resolution.”.

(2) In rule 44.9(1), in the closing words, after “standard basis” insert “, save that where the claim is one to which the provisions of Part 27 or Part 45 would otherwise apply, the costs shall be determined in accordance with those Parts”.

Amendment of Part 45

11.—(1) In the table of contents to the Part, after the entry for rule 45.62 insert—

“X FIXED COSTS DETERMINATION
Summary determination after hearing	Rule 45.63
Determination where all parties agree on all issues except costs	Rule 45.64
Court’s power to direct assessment in conjunction with fixed costs determination	Rule 45.65
Non-application of Part 36	Rule 45.66”.

(2) In rule 45.2—

(a) after “in addition to the amount of fixed costs in” insert “rules 45.8 and 45.15A and”;

(b) after “Section VII”, for “or” substitute a comma; and

(c) after “Section VIII” insert “or Section X”.

(3) In rule 45.6(2), after “the purpose of assessing” insert “or determining”.

(4) In rule 45.15A, after paragraph (2) insert—

“(3) Where appropriate, VAT may be recovered in addition to the cost of any disbursement allowable under this rule.”.

(5) In rule 45.40(3), for “assess” substitute “determine”.

(6) In rule 45.48, after paragraph (2) insert—

“(3) Where the court orders a party to pay costs in respect of a preliminary issue, unless the court orders otherwise, those costs shall be paid within 14 days of the order.

(4) Where, under this rule, a claim includes a claim for monetary relief and the court is unable at that stage to quantify the total fixed costs referred to in paragraph (1), the court—

(a) shall order the paying party to pay that element of the fixed costs which are specified in Table 12, as are then quantifiable, together with the applicable disbursements, unless there is good reason not to do so; and

(b) may order that party to pay a sum on account of that element of the fixed costs in Table 12 which are to be calculated by reference to a percentage of the damages to be awarded.”.

(7) In rule 45.51, after paragraph (4) insert—

“(5) Where the court orders a party to pay costs in respect of a preliminary issue, unless the court orders otherwise, those costs shall be paid within 14 days of the order.

(6) Where, under this rule, a claim includes a claim for monetary relief and the court is unable at that stage to quantify the total fixed costs referred to in paragraph (1), the court—

(a) shall order the paying party to pay that element of the fixed costs which are specified in Table 14, as are then quantifiable, together with the applicable disbursements, unless there is good reason not to do so; and

(b) may order that party to pay a sum on account of that element of the fixed costs in Table 14 which are to be calculated by reference to a percentage of the damages to be awarded.”.

(8) In rule 45.58, for “the disbursements to be allowed are” substitute “the court may allow a claim for a disbursement of a type mentioned in paragraphs (a) to (f)—”.

(9) In rule 45.59, for “the disbursements to be allowed are” substitute “the court may allow a claim for a disbursement of a type in mentioned in paragraphs (a) and (b)—”.

(10) In rule 45.61, for “the disbursements to be allowed are” substitute “the court may allow a claim for a disbursement of a type mentioned in sub-paragraphs (a) and (b)”.

(11) After rule 45.62 insert—

“Section X Fixed Costs Determination

Summary determination after hearing

45.63.— (1) Subject to paragraph (3), where the court makes an order for costs at the conclusion of a hearing, it shall in the absence of agreement between the parties make a summary determination of the amount of fixed costs or disbursements to which the receiving party is entitled in accordance with this Part.

(2) Any party who intends to claim any fixed costs or disbursements in accordance with this Part, must file at court and serve on any party against whom an order for payment is intended to be sought a completed Precedent U, which must include, if applicable, the details of any claim under rule 45.9, rule 45.10 or rule 45.13, no later than 24 hours before the time fixed for the hearing.

(3) Where a court is unable to make a summary determination at the conclusion of a hearing—

(a) it may direct that the amount of fixed costs or disbursements be determined with or without a further hearing and may give such directions for the determination as it thinks fit; and

(b) the costs of that determination shall be treated as if it were an interim application under rule 45.8.

Determination where parties agree on all issues except costs

45.64.— (1) Where, in a claim to which this Part applies, the parties have reached an agreement made or confirmed in writing on all issues except the amount of costs or disbursements to be allowed under this Part, the receiving party may apply for the amount of those costs or disbursements to be determined in accordance with this rule.

(2) Where proceedings have been started, the application must be made in those proceedings under Part 23 as modified by this rule.

(3) Where proceedings have not been started, the application must be made by the commencement of costs only proceedings under rule 46.14 as modified by this rule.

(4) Save where the court directs to the contrary—

(a) the evidence in support of the application must—

(i) be served with the application; and

(ii) include the written agreement or confirmation, together with a completed Precedent U containing details of the costs or disbursements to which the applicant claims to be entitled and, if applicable, the details of any claim under rule 45.9, rule 45.10 or rule 45.13;

(b) any evidence in response to the application must be filed and served—

(i) within 21 days of service of the application where proceedings have been started; or

(ii) within 21 days of filing the acknowledgment of service where proceedings have not been started,

and must include a completed response to the applicant’s Precedent U;

(c) the application shall be determined without a hearing; and

(d) the costs which the court may allow for the application are those set out in Table 17 in Practice Direction 45 and any appropriate court fee.

(5) The court shall record its determination of the application by annotating Precedent U with its decision noted against each item claimed, which must be served on the parties together with a notice stating that any party who wishes to challenge any aspect of the determination must file and serve a written request for a hearing.

(6) Any request for a hearing must—

(a) be made within 21 days of service of the notice;

(b) identify the decisions in the determination which the party wishes the court to reconsider; and

(c) provide a time estimate for the hearing,

and if no such request is filed and served within that period, the determination shall be binding upon the parties.

(7) The court shall fix a date for the hearing and give at least 14 days’ notice of the hearing.

(8) The court must order the requesting party to pay the costs of and incidental to the hearing unless they achieve an adjustment in their own favour that is at least 20% of the sum determined under paragraph (5).

(9) For the purposes of any order for costs made in respect of the hearing, the application is to be treated as an interim application under rule 45.8 and the amount payable shall be determined summarily at the hearing.

Court’s power to direct assessment in conjunction with fixed costs determination

45.65.   Where, in any claim to which this Section applies, a party seeks an assessment of costs under rule 45.9, rule 45.10 or rule 45.50(3)—

(a) that party must notify the court; and

(b) the court may give such directions as it thinks appropriate for those costs to be assessed in conjunction with the fixed costs determination.

Non-application of Part 36

45.66.   Part 36 does not apply to any determination under this Section.”.

Amendment of Part 46

12.—(1) In rule 46.7(1)—

(a) in sub-paragraph (a), at the end, for “or” substitute “and”; and

(b) in sub-paragraph (b)—

(i) for “determine” substitute “assess”;

(ii) in paragraph (i), for “making” substitute “conducting”; and

(iii) in paragraph (ii), after “an order for” insert “and conducting a”.

(2) In rule 46.14(5)—

(a) for “the amount of which is to be determined by assessment” substitute “to be assessed”; and

(b) for “for the payment of” substitute “may determine the”.

Amendment of Part 52

13.—(1) In the Table of Contents to the Part, after the entry for rule 52.3A insert—

“Permission to appeal from the Court of Appeal to the Supreme Court

Rule 52.3B”.

(2) In rule 52.3A, omit paragraph (2).

(3) After rule 52.3A insert—

“Permission to appeal from the Court of Appeal to the Supreme Court

52.3B.   Where the appeal is one to which rule 52.3(1)(c)(iv) applies—

(a) an application for permission to appeal must be made to the Court of Appeal;

(b) the application must be made within 28 days after the date of the decision of the Court of Appeal which the appellant wishes to appeal.”.

(4) In rule 52.6, after “where” in the first place it appears, insert “rule 52.3B,”.

Amendment of Part 62

14.  In rule 62.21(2)(e), for “74.9(2)” substitute “74.9(3)”.

Insertion of Part 68

15.  After Part 67, insert Part 68 as set out in the Schedule to these Rules.

Amendment of Part 73

16.  In rule 73.1(2)(ea), for “Designated Civil Judge for Greater Manchester” substitute “relevant Designated Civil Judge”.

Amendment of Part 77

17.  In rule 77.5, for “King’s Bench” to the end substitute “Administrative Court in accordance with Practice Direction 77”.

Amendment of Part 81

18.  In rule 81.4(2)(n), at the end insert “, but that the court may draw adverse inferences if this right is exercised”.

Amendment of Part 83

19.  In rule 83.8A—

(a) in paragraph (2)(b), after “relating to the writ or warrant,” insert “or on or by the day or days specified in any further notice of eviction or further notices of eviction delivered pursuant to this sub-paragraph relating to the writ or warrant,”;

(b) in paragraph (3)—

(i) for “paragraph (2) must” substitute “paragraph (2)(a) and any further notice of eviction or further notices of eviction referred to in paragraph (2)(b) must each”; and

(ii) in sub-paragraph (b), before “form” insert “relevant”.

(c) in paragraph (4), for “notice of eviction must” substitute “notice of eviction and any further notice of eviction or further notices of eviction must each”;

(d) in paragraph (5)—

(i) after “court may”, insert “(at the request of any person)”;

(ii) in sub-paragraph (a), after “eviction” insert “or any further notice of eviction or any further notices of eviction”; and

(iii) in sub-paragraph (b), after “eviction” insert “or any further notice of eviction or any further notices of eviction”.

Sir Geoffrey Vos MR

Lord Justice Birss

Mr Justice Pepperall

Mr Justice Trower

His Honour Judge Hywel James

District Judge Paul Clarke

District Judge Samantha Johnson

Master Sullivan

Isabel Hitching KC

Anja Lansbergen-Mills

Ben Roe

Ian Curtis-Nye

Elisabetta Sciallis

I approve these Rules

Heidi Alexander

Minister of State

Ministry of Justice

29th July 2024