The Civil Procedure (Amendment) Rules 2002

• Citation: S.I. 2002/2058
• Sections: 116

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment) Rules 2002 and shall come into force—

(a) for the purposes of rules 2, 29(b) and 35 of these Rules, and this rule, on 1st October 2002;

(b) for all other purposes, on 2nd December 2002.

Section 2 Citation, commencement and interpretation

In these Rules—

(a) a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ;

(b) a reference to an Order by number and prefixed by “ RSC ” means the RSC Order so numbered in Schedule 1 to those Rules; and

(c) a reference to an Order by number and prefixed by “ CCR ” means the CCR Order so numbered in Schedule 2 to those Rules.

Section 3 Amendments to the Civil Procedure Rules 1998

In rule 3.7(1)—

(a) in sub-paragraph (a), for “listing questionnaire” substitute “pre-trial check list (listing questionnaire)”;

(b) in sub-paragraphs (b) and (c) and in the first cross-reference, for “listing questionnaire” substitute “pre-trial check list”.

Section 4 Amendments to the Civil Procedure Rules 1998

After rule 5.4, insert—

Filing and sending documents

(5.5)

(1) A practice direction may make provision for documents to be filed or sent to the court by—

(a) facsimile; or

(b) other electronic means.

(2) Any such practice direction may—

(a) provide that only particular categories of documents may be filed or sent to the court by such means;

(b) provide that particular provisions only apply in specific courts; and

(c) specify the requirements that must be fulfilled for any document filed or sent to the court by such means.

Section 5 Amendments to the Civil Procedure Rules 1998

In Part 6—

(a) at the end of the list of contents, insert the text set out in Part I of Schedule 1 to these Rules;

(b) in rule 6.18, for paragraph (k) substitute—

(k) “Regulation State” has the same meaning as “Member State” in the Judgments Regulation , that is all Member States except Denmark.

(c) in rule 6.19(1)(b), for sub-paragraphs (ii) and (iii), substitute—

(ii) Article 16 of Schedule 1 or 3C to the 1982 Act , or paragraph 11 of Schedule 4 to that Act, refers to the proceedings; or

(iii) the defendant is a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1 or 3C to the 1982 Act, or paragraph 12 of Schedule 4 to that Act, refers.

(d) after rule 6.31, insert Section IV (Service of foreign process) as set out in Part II of Schedule 1 to these Rules.

Section 6 Amendments to the Civil Procedure Rules 1998

In Part 19—

(a) after rule 19.7, insert—

Representation of beneficiaries by trustees etc.

(19.7A)

(1) A claim may be brought by or against trustees, executors or administrators in that capacity without adding as parties any persons who have a beneficial interest in the trust or estate (“the beneficiaries”).

(2) Any judgment or order given or made in the claim is binding on the beneficiaries unless the court orders otherwise in the same or other proceedings.

(b) for rule 19.8A, substitute—

(19.8A)

(1) This rule applies to any claim relating to—

(a) the estate of a deceased person;

(b) property subject to a trust; or

(c) the sale of any property.

(2) The court may at any time direct that notice of—

(a) the claim; or

(b) any judgment or order given in the claim,

be served on any person who is not a party but who is or may be affected by it.

(3) An application under this rule—

(a) may be made without notice; and

(b) must be supported by written evidence which includes the reasons why the person to be served should be bound by the judgment in the claim.

(4) Unless the court orders otherwise—

(a) a notice of a claim or of a judgment or order under this rule must be—

(i) in the form required by the practice direction;

(ii) issued by the court; and

(iii) accompanied by a form of acknowledgment of service with any necessary modifications;

(b) a notice of a claim must also be accompanied by—

(i) a copy of the claim form; and

(ii) such other statements of case, witness statements or affidavits as the court may direct; and

(c) a notice of a judgment or order must also be accompanied by a copy of the judgment or order.

(5) If a person served with notice of a claim files an acknowledgment of service of the notice within 14 days he will become a party to the claim.

(6) If a person served with notice of a claim does not acknowledge service of the notice he will be bound by any judgment given in the claim as if he were a party.

(7) If, after service of a notice of a claim on a person, the claim form is amended so as substantially to alter the remedy claimed, the court may direct that a judgment shall not bind that person unless a further notice, together with a copy of the amended claim form, is served on him.

(8) Any person served with a notice of a judgment or order under this rule—

(a) shall be bound by the judgment or order as if he had been a party to the claim; but

(b) may, provided he acknowledges service—

(i) within 28 days after the notice is served on him, apply to the court to set aside or vary the judgment or order; and

(ii) take part in any proceedings relating to the judgment or order.

(9) The following rules of Part 10 (acknowledgment of service) apply—

(a) rule 10.4; and

(b) rule 10.5, subject to the modification that references to the defendant are to be read as references to the person served with the notice.

(10) A notice under this rule is issued on the date entered on the notice by the court.

Section 7 Amendments to the Civil Procedure Rules 1998

In rule 25.1, in paragraph (1)—

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

(b) after sub-paragraph (n) insert—

;

an order directing any account to be taken or inquiry to be made by the court

Section 8 Amendments to the Civil Procedure Rules 1998

In rules 28.4(1)(a), 28.6(1), 29.2(3)(b), 29.5(1)(c) and 29.8(a), for “listing questionnaire” substitute “pre-trial check list”.

Section 9 Amendments to the Civil Procedure Rules 1998

For rule 28.5 substitute—

Pre-trial check list (listing questionnaire)

(28.5)

(1) The court will send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in the notice of allocation unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) The date specified for filing a pre-trial check list will not be more than 8 weeks before the trial date or the beginning of the trial period.

(3) If—

(a) a party fails to file the completed pre-trial check list by the date specified;

(b) a party has failed to give all the information requested by the pre-trial check list; or

(c) the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.

Section 10 Amendments to the Civil Procedure Rules 1998

For rule 29.6 substitute—

Pre-trial check list (listing questionnaire)

(29.6)

(1) The court will send the parties a pre-trial check list (listing questionnaire) for completion and return by the date specified in directions given under rule 29.2(3) unless it considers that the claim can proceed to trial without the need for a pre-trial check list.

(2) Each party must file the completed pre-trial check list by the date specified by the court.

(3) If—

(a) a party fails to file the completed pre-trial check list by the date specified;

(b) a party has failed to give all the information requested by the pre-trial check list; or

(c) the court considers that a hearing is necessary to enable it to decide what directions to give in order to complete preparation of the case for trial,

the court may give such directions as it thinks appropriate.

Section 11 Amendments to the Civil Procedure Rules 1998

In rule 29.7, for “listing questionnaires” substitute “pre-trial check lists”.

Section 12 Amendments to the Civil Procedure Rules 1998

In Part 34—

(a) for the title, substitute “WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS”;

(b) at the end of the list of contents, insert the text as set out in Part I of Schedule 2 to these Rules;

(c) for rule 34.1, substitute—

I WITNESSES AND DEPOSITIONS

Scope of this Section

(34.1)

(1) This Section of this Part provides—

(a) for the circumstances in which a person may be required to attend court to give evidence or produce a document; and

(b) for a party to obtain evidence before a hearing to be used at the hearing.

(2) In this Section, reference to a hearing includes a reference to the trial.

(d) after rule 34.15—

(i) omit the cross-reference; and

(ii) insert Section II (Evidence for foreign courts) as set out in Part II of Schedule 2 to these Rules.

Section 13 Amendments to the Civil Procedure Rules 1998

After rule 40.4, omit the second cross-reference.

Section 14 Amendments to the Civil Procedure Rules 1998

In rule 44.12A(4), in sub-paragraph (a)(i), after “order for costs”, insert “to be determined by detailed assessment”.

Section 15 Amendments to the Civil Procedure Rules 1998

In rule 44.15(3)—

(a) in sub-paragraph (b), for “listing questionnaire” substitute “pre-trial check list (listing questionnaire)”; and

(b) in the cross-reference, for “listing questionnaire” substitute “pre-trial check list”.

Section 16 Amendments to the Civil Procedure Rules 1998

In rule 44.16, after paragraph (b), for “the court may adjourn the hearing to allow the legally represented party to be notified of the order sought” substitute—

the court may adjourn the hearing to allow the client to be—

notified of the order sought; and

separately represented

Section 17 Amendments to the Civil Procedure Rules 1998

In rule 47.14, in paragraph (6), for “person” substitute “party”.

Section 18 Amendments to the Civil Procedure Rules 1998

In rule 47.19, in the cross-reference, after “an assisted person”, insert “, unless the court orders otherwise”.

Section 19 Amendments to the Civil Procedure Rules 1998

In rule 48.6—

(a) for paragraph (3) substitute—

(3) The litigant in person shall be allowed—

(a) costs for the same categories of—

(i) work; and

(ii) disbursements,

which would have been allowed if the work had been done or the disbursements had been made by a legal representative on the litigant in person’s behalf;

(b) the payments reasonably made by him for legal services relating to the conduct of the proceedings; and

(c) the costs of obtaining expert assistance in assessing the costs claim.

(b) for paragraph (4) substitute—

(4) The amount of costs to be allowed to the litigant in person for any item of work claimed shall be—

(a) where the litigant can prove financial loss, the amount that he can prove he has lost for time reasonably spent on doing the work; or

(b) where the litigant cannot prove financial loss, an amount for the time reasonably spent on doing the work at the rate set out in the practice direction.

Section 20 Amendments to the Civil Procedure Rules 1998

In rule 48.7, for paragraph (4) substitute—

(4) When the court makes a wasted costs order, it must—

(a) specify the amount to be disallowed or paid; or

(b) direct a costs judge or a district judge to decide the amount of costs to be disallowed or paid.

Section 21 Amendments to the Civil Procedure Rules 1998

In rule 54.16, in paragraph (1), after “8.6”, insert “(1)”.

Section 22 Amendments to the Civil Procedure Rules 1998

In Part 55—

(a) at the end of the list of contents, insert the text as set out in Part I of Schedule 3 to these Rules;

(b) in rule 55.2, in paragraph (2)—

(i) in sub-paragraph (a) omit “and”;

(ii) after sub-paragraph (b) insert—

; and

does not apply where the claimant seeks an interim possession order under Section III of this Part except where the court orders otherwise or that Section so provides

(iii) omit the cross-reference after sub-paragraph (b); and

(c) at the end, insert Section III (Interim possession orders) as set out in Part II of Schedule 3 to these Rules.

Section 23 Amendments to the Civil Procedure Rules 1998

In Part 57—

(a) for the title, substitute “PROBATE AND INHERITANCE”;

(b) at the end of the list of contents, insert the text as set out in Part I of Schedule 4 to these Rules;

(c) in rule 57.1, in paragraph (1)—

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

(ii) after sub-paragraph (c), insert—

; and

claims under the Inheritance (Provision for Family and Dependants) Act 1975

and

at the end, insert Section IV (Claims under the Inheritance (Provision for Family and Dependants) Act 1975) as set out in Part II of Schedule 4 to these Rules.

Section 24 Amendments to the Civil Procedure Rules 1998

In rule 62.20—

(a) in paragraph (1), for the words “RSC Order 71, Part I applies in relation to the award as it applies”, substitute—

rules 74.1 to 74.7 and 74.9 apply in relation to the award as they apply

(b) in paragraph (2)(a), for “country of the original court”, substitute “State of origin”; and

(c) in paragraph (2)(b), for “RSC Order 71, rule 3”, substitute “rule 74.4”.

Section 25 Amendments to the Civil Procedure Rules 1998

In rule 62.21—

(a) for paragraph (2), substitute—

(2) Subject to the provisions of this rule, the following provisions of Part 74 apply with such modifications as may be necessary in relation to an award as they apply in relation to a judgment to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies—

(a) rule 74.1;

(b) rule 74.3;

(c) rule 74.4(1), (2)(a) to (d), and (4);

(d) rule 74.6 (except paragraph (3)(c) to (e)); and

(e) rule 74.9(2).

(b) in paragraph (4), for “RSC Order 71, rule 3”, substitute “rule 74.4”; and

(c) in paragraph (4)(b), for “rule 3(1)(c)(i) and (ii)”, substitute “rule 74.4(2)(a) to (d)”.

Section 26 Amendments to the Civil Procedure Rules 1998

After Part 62, insert—

(a) Part 64 (Estates, trusts and charities) as set out in Schedule 5 to these Rules;

(b) Part 68 (References to the European Court) as set out in Schedule 6; and

(c) Part 69 (Court’s power to appoint a receiver) as set out in Schedule 7.

Section 27 Amendments to the Civil Procedure Rules 1998

In rule 70.1, in the cross-reference after paragraph (1), omit “, 51”.

Section 28 Amendments to the Civil Procedure Rules 1998

In rule 70.5, for paragraph (2) substitute—

(2) This rule does not apply to—

(a) any judgment to which Part 74 applies; or

(b) arbitration awards.

(Part 74 provides for the registration in the High Court for the purposes of enforcement of judgments from other jurisdictions and European Community judgments.)

Section 29 Amendments to the Civil Procedure Rules 1998

After Part 73, insert—

(a) Part 74 (Enforcement of judgments in different jurisdictions) as set out in Schedule 8 to these Rules; and

(b) Part 75 (Traffic enforcement) as set out in Schedule 9 to these Rules.

Section 30 Amendments to the Civil Procedure Rules 1998

In RSC Order 52, in rule 1(4), for “an order of committal may be made by a single judge of the Queen’s Bench Division” substitute—

an order of committal may be made—

on an application under section 88 of the Charities Act 1993 , by a single judge of the Chancery Division; and

in any other case, by a single judge of the Queen’s Bench Division

Section 31 Amendments to the Civil Procedure Rules 1998

In RSC Order 77—

(a) in rule 15(1)—

(i) in paragraph (a), for “70” substitute “69”, and

(ii) in paragraph (b), omit “, 51”; and

(b) in rule 16(1), in paragraph (c), for “Order 30 or 51” substitute “ CPR Part 69”.

Section 32 Amendments to the Civil Procedure Rules 1998

In RSC Order 115, in rule 8(1), for “Order 30, rules 2 to 8” substitute “CPR Part 69”.

Section 33 Amendments to the Civil Procedure Rules 1998

In CCR Order 42—

(a) in rule 13(1)—

(i) in paragraph (a), for “70” substitute “69”;

(ii) after paragraph (a), insert “or”;

(iii) at the end of paragraph (b), omit “; or”; and

(iv) omit paragraph (c); and

(b) in rule 14(1), for “RSC Order 30” substitute “CPR Part 69”.

Section 34 Transitional provisions

Where before 2nd December 2002 proceedings have begun under rule 47.6(1) for the detailed assessment of the costs of a litigant in person, rule 48.6 shall continue to apply to those proceedings as if it had not been amended.

Section 35 Revocations

CCR Order 48B is revoked.

Section 36 Revocations

The Orders set out in column 1 of Schedule 10 are revoked to the extent set out in column 2 of that Schedule.

Section 6.32 Scope and definitions

(1) This Section of this Part—

(a) applies to the service in England or Wales of any court process in connection with civil or commercial proceedings in a foreign court or tribunal; but

(b) does not apply where the Service Regulation applies.

(The Service Regulation is annexed to the relevant practice direction)

(2) In this Section—

(a) “convention country”—

(i) means a foreign country in relation to which there is a civil procedure convention providing for service in that country of process of the High Court; and

(ii) includes a country which is a party to the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at the Hague on 15 November 1965; and

(b) “process server” means—

(i) a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or

(ii) his authorised agent.

Section 6.33 Request for service

Process will be served where the Senior Master receives—

(a) a written request for service—

(i) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country; or

(ii) from the Secretary of State for Foreign and Commonwealth Affairs, with a recommendation that service should be effected;

(b) a translation of that request into English;

(c) two copies of the process to be served; and

(d) unless the foreign court or tribunal certifies that the person to be served understands the language of the process, two copies of a translation of it into English.

Section 6.34 Method of service

The process must be served as directed by the Senior Master.

Section 6.35 After service

(1) The process server must—

(a) send the Senior Master a copy of the process, and

(i) proof of service; or

(ii) a statement why the process could not be served; and

(b) if the Senior Master directs, specify the costs incurred in serving or attempting to serve the process.

(2) The Senior Master will send the following documents to the person who requested service—

(a) a certificate, sealed with the seal of the Supreme Court for use out of the jurisdiction, stating—

(i) when and how the process was served or the reason why it has not been served; and

(ii) where appropriate, an amount certified by a costs judge to be the costs of serving or attempting to serve the process; and

(b) a copy of the process.

Section 34.16 Interpretation

In this Part “the 1975 Act” means the Evidence (Proceedings in Other Jurisdictions) Act 1975 .

Section 34.17 Application for order

An application for an order under the 1975 Act for evidence to be obtained—

(a) must be—

(i) made to the High Court;

(ii) supported by written evidence; and

(iii) accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; and

(b) may be made without notice.

Section 34.18 Examination

(1) The court may order an examination to be taken before—

(a) any fit and proper person nominated by the person applying for the order;

(b) an examiner of the court; or

(c) any other person whom the court considers suitable.

(2) Unless the court orders otherwise—

(a) the examination will be taken as provided by rule 34.9; and

(b) rule 34.10 applies.

(3) The court may make an order under rule 34.14 for payment of the fees and expenses of the examination.

Section 34.19 Dealing with deposition

(1) The examiner must send the deposition of the witness to the Senior Master unless the court orders otherwise.

(2) The Senior Master will—

(a) give a certificate sealed with the seal of the Supreme Court for use out of the jurisdiction identifying the following documents—

(i) the request;

(ii) the order of the court for examination; and

(iii) the deposition of the witness; and

(b) send the certificate and the documents referred to in paragraph (a) to—

(i) the Secretary of State; or

(ii) where the request was sent to the Senior Master by another person in accordance with a Civil Procedure Convention, to that other person,

for transmission to the court or tribunal requesting the examination.

Section 34.20 Claim to privilege

(1) This rule applies where—

(a) a witness claims to be exempt from giving evidence on the ground specified in section 3(1)(b) of the 1975 Act; and

(b) that claim is not supported or conceded as referred to in section 3(2) of that Act.

(2) The examiner may require the witness to give the evidence which he claims to be exempt from giving.

(3) Where the examiner does not require the witness to give that evidence, the court may order the witness to do so.

(4) An application for an order under paragraph (3) may be made by the person who obtained the order under section 2 of the 1975 Act.

(5) Where such evidence is taken—

(a) it must be contained in a document separate from the remainder of the deposition;

(b) the examiner will send to the Senior Master—

(i) the deposition; and

(ii) a signed statement setting out the claim to be exempt and the ground on which it was made.

(6) On receipt of the statement referred to in paragraph (5)(b)(ii), the Senior Master will—

(a) retain the document containing the part of the witness’s evidence to which the claim to be exempt relates; and

(b) send the statement and a request to determine that claim to the foreign court or tribunal together with the documents referred to in rule 34.17.

(7) The Senior Master will—

(a) if the claim to be exempt is rejected by the foreign court or tribunal, send the document referred to in paragraph (5)(a) to that court or tribunal;

(b) if the claim is upheld, send the document to the witness; and

(c) in either case, notify the witness and person who obtained the order under section 2 of the foreign court or tribunal’s decision.

Section 34.21 Order under 1975 Act as applied by Patents Act 1977

Where an order is made for the examination of witnesses under section 1 of the 1975 Act as applied by section 92 of the Patents Act 1977 the court may permit an officer of the European Patent Office to—

(a) attend the examination and examine the witnesses; or

(b) request the court or the examiner before whom the examination takes place to put specified questions to them.

Section 55.20 When this section may be used

(1) This Section of this Part applies where the claimant seeks an Interim Possession Order.

(2) In this Section—

(a) “IPO” means Interim Possession Order; and

(b) “premises” has the same meaning as in section 12 of the Criminal Law Act 1977 .

(3) Where this Section requires an act to be done within a specified number of hours, rule 2.8(4) does not apply.

Section 55.21 Conditions for IPO application

(1) An application for an IPO may be made where the following conditions are satisfied—

(a) the only claim made is a possession claim against trespassers for the recovery of premises;

(b) the claimant—

(i) has an immediate right to possession of the premises; and

(ii) has had such a right throughout the period of alleged unlawful occupation; and

(c) the claim is made within 28 days of the date on which the claimant first knew, or ought reasonably to have known, that the defendant (or any of the defendants), was in occupation.

(2) An application for an IPO may not be made against a defendant who entered or remained on the premises with the consent of a person who, at the time consent was given, had an immediate right to possession of the premises.

Section 55.22 The application

(1) Rules 55.3(1) and (4) apply to the claim.

(2) The claim form and the defendant’s form of witness statement must be in the form set out in the relevant practice direction.

(3) When he files his claim form, the claimant must also file—

(a) an application notice in the form set out in the relevant practice direction; and

(b) written evidence.

(4) The written evidence must be given—

(a) by the claimant personally; or

(b) where the claimant is a body corporate, by a duly authorised officer.

(Rule 22.1(6)(b) provides that the statement of truth must be signed by the maker of the witness statement)

(5) The court will—

(a) issue—

(i) the claim form; and

(ii) the application for the IPO; and

(b) set a date for the hearing of the application.

(6) The hearing of the application will be as soon as practicable but not less than 3 days after the date of issue.

Section 55.23 Service

(1) Within 24 hours of the issue of the application, the claimant must serve on the defendant—

(a) the claim form;

(b) the application notice together with the written evidence in support; and

(c) a blank form for the defendant’s witness statement (as set out in the relevant practice direction) which must be attached to the application notice.

(2) The claimant must serve the documents listed in paragraph (1) in accordance with rule 55.6(a).

(3) At or before the hearing the claimant must file a certificate of service in relation to the documents listed in paragraph (1) and rule 6.14(2)(a) does not apply.