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Route 66 – latest update to CPR


European Court of Justice: amendments to procedure for requests for preliminary rulings

The Civil Procedure Rule Committee has issued the detail of the 66th update to the CPR, which introduces changes in a number of areas. The amendments to the CPR are contained in a statutory instrument [2] and practice direction making document. The changes are outlined below.

The amendments to the CPR come into force on 1 October 2013, but there are amendments to PD3E Costs Management, PD51 (the second Mediation Service pilot scheme), and PD75 Traffic Enforcement which come into force on 1, 29 and 2 September respectively.

There are also the transitional provisions in respect of the establishment of the Intellectual Property Enterprise Court as set out in the statutory instrument.

PD3E Costs management

A revised Precedent H is substituted.

PD19B Group litigation

Minor amendments are made to rules governing group litigation orders, to ensure consistency.

PD21 Children and protected parties

Amendments are made to the monetary level at which damages funds are administered by a deputy appointed by the Court of Protection (COP). Currently if the damages awarded to a protected party are £30,000 or less, the sum may be retained in court and invested in the same way as the fund of a child.

The increase to £50,000 is coupled with a provision that allows district judges and masters to ask the COP to sanction a higher sum to remain in the court's control.

Part 45 and PD45 – Fixed costs

An amendment is made to rule 45.29E Table D, to correct a typographical error. Further amendments are made as a consequence of the reconstitution of the Patents County Court and the amendment of scale costs for proceedings in the Intellectual Property Enterprise Court.

Part 47 Procedure for assessment of costs and default provisions

A modification is made to clarify the amount of costs that may be recovered for matters that do not go beyond provisional assessment of costs, and whether that amount includes court fees and VAT.

PD51 The second Mediation Service pilot scheme

The pilot scheme is extended for a further period up until 31 March 2014.

PD52B Appeals in the county courts and High Court

Amendments are made to correct terminology and to make corrections to the table identifying appeal centres.

PD52C Appeals to the Court of Appeal

Amendments are made to provide for the filing of skeleton arguments, and lodging and filing of other documents related to appeals.

PD52D Statutory appeals and appeals subject to special provision

Amendments are made to allow for appeals against decisions of the Solicitors Disciplinary Tribunal to be made from when the statement of reasons for a decision is given rather than the decision itself.

Part 63 and PD63 Intellectual property

Amendments are made following provisions in the Crime and Courts Act 2013 to reconstitute the Patents County Court as a free-standing specialist list in the Chancery Division, to be called the Intellectual Property Enterprise Court. Amendments to scale costs in the Intellectual Property Enterprise Court are set out in PD45. Consequential amendments are made to PD30 Transfer.

Part 68 and PD68 References to the European Court

Amendments are made to the procedure for requests for preliminary rulings to accommodate changes set out in the Rules of Procedure of the European Court.
Further amendments are made to reflect changes to the EU treaties; the coming into force of the Treaty on European Union and the Treaty on the Functioning of the European Union; changes to the rules and procedures of the European Court; and the European Courts’ updated guidance to national courts.

PD75 Traffic Enforcement

Amendments are made to provide for the civil enforcement of the non-payment of charges arising under road user charging schemes made under part 3 of the Transport Act 2000.

Other amendments

Amendments are made throughout the rules, practice directions and pre-action protocols to update cross references, remove duplication or redundant wording, correct typographical errors and ensure the rules are gender neutral. Amendments are made to: parts 3, 7, 8, 15, 16, 21, 25, 28, 29,31,36, 38, 39, 40, 42, 44,45, 46, 52, 55, 62, 63, 67, RSC O.17, practice directions 2B, 4, 6A, 6B, 7A, 7B, 8A, 8B,10, 15, 16, 18, 19B, 23A, 24, 26, 27, 28, 29, 40B, 42, 46, 47, 51A, 52A, 64A, 67, 69, Pre-action conduct and the Pre-action protocol for low value personal injury (employers’ liability and public liability) claims.


Precedent H is amended.