The Civil Procedure (Amendment No. 2) Rules 2000

• Citation: S.I. 2000/940
• Sections: 16

Section 1

These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2000 and shall come into force on 2nd May 2000.

Section 2

In the Civil Procedure (Amendment) Rules 2000 , rule 39 (transitional provisions) is amended to read—

(39) Where a person has filed a notice of appeal or applied for permission to appeal before 2nd May 2000—

(a) rule 19 of these Rules shall not apply to the appeal to which that notice or application relates; and

(b) the rules of court relating to appeals in force immediately before 2nd May 2000 shall apply to that appeal as if they had not been revoked.

Section 3

In the following rules a reference to a Part, rule or Schedule by number alone means the Part, rule or Schedule so numbered in the Civil Procedure Rules 1998 .

Section 4

In rule 6.15(2)—

(a) for the reference of RSC Order 11 rule 1(1) substitute a reference to rule 6.20; and

(b) for the reference to RSC Order 11 rule 1(2) substitute a reference to rule 6.19.

Section 5

In rule 6.21, after paragraph (2), insert—

(2A) The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.

Section 6

In rule 10.3(2)(a), for the reference to RSC Order 11 rule 1A substitute a reference to rule 6.22.

Section 7

In rule 12.10(b), for the reference to RSC Order 11 rule 1(2)(a) substitute a reference to rule 6.19(1).

Section 8

In rule 12.11(5)(c), for the reference to RSC Order 11 substitute a reference to Section III of Part 6.

Section 9

In rule 14.2(2)(a), for the reference to RSC Order 11 rule 1A substitute a reference to rule 6.22.

Section 10

In rule 15.4(2)(a), for the reference to RSC Order 11 rule 1B substitute a reference to rule 6.23.

Section 11

In Part 47—

(a) for section VIII of the list of contents, substitute the text set out in Part I of the Schedule to these Rules; and

(b) for Section VIII, substitute the text set out in Part II of the Schedule to these Rules.

Section 12

In Schedule 1, in RSC Order 15 rule 9, omit the words “under rule 7”.

Section 47.20 Right to appeal

Any party to detailed assessment proceedings may appeal against a decision of an authorised court officer in those proceedings.

(Part 52 sets out general rules about appeals)

Section 47.21 Court to hear appeal

An appeal against a decision of an authorised court officer is to a costs judge or a district judge of the High Court.

Section 47.22 Appeal procedure

(1) The appellant must file an appeal notice within 14 days after the date of the decision he wishes to appeal against.

(2) On receipt of the appeal notice, the court will—

(a) serve a copy of the notice on the parties to the detailed assessment proceedings; and

(b) give notice of the appeal to those parties.

Section 47.23 Powers of the court on appeal

On an appeal from an authorised court officer the court will—

(a) re-hear the proceedings which gave rise to the decision appealed against; and

(b) make any order and give any directions as it considers appropriate.