The Civil Procedure (Amendment No. 5) Rules 2003

• Citation: S.I. 2003/3361
• Sections: 34

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment No. 5) Rules 2003 and shall come into force—

(a) for the purposes of rules 2, 3, 6, 7, 8, 11 and 34, and this rule, on 1st February 2004;

(b) for the purposes of rule 9, on 1st March 2004;

(c) for the purposes of rules 4, 10, 14-21, 23-29, 32 and 33, on 1st April 2004; and

(d) for all other purposes, on 1st May 2004.

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

After rule 7.11 insert—

Electronic issue of claims

(7.12)

(1) A practice direction may make provision for a claimant to start a claim by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a) specify—

(i) the types of claim which may be issued electronically; and

(ii) the conditions which a claim must meet before it may be issued electronically;

(b) specify—

(i) the court where the claim will be issued; and

(ii) the circumstances in which the claim will be transferred to another court;

(c) provide for the filing of other documents electronically where a claim has been started electronically;

(d) specify the requirements that must be fulfilled for any document filed electronically; and

(e) provide how a fee payable on the filing of any document is to be paid where that document is filed electronically.

(3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.

Section 4 Amendments to the Civil Procedure Rules 1998

In rule 21.1, in sub-paragraph (2)(b), for “his own affairs” substitute “his property and affairs”.

Section 5 Amendments to the Civil Procedure Rules 1998

After rule 30.7 insert—

Transfer of EC Competition Law claims

(30.8) If in any proceedings in the Queen’s Bench Division, a district registry of the High Court or a county court, a party’s statement of case raises an issue relating to the application of Article 81 or Article 82 of the Treaty establishing the European Communities—

(a) rules 30.2 and 30.3 do not apply; and

(b) the court must transfer the proceedings to the Chancery Division of the High Court at the Royal Courts of Justice.

Section 6 Amendments to the Civil Procedure Rules 1998

After rule 34.13, insert—

Letter of request – Proceeds of Crime Act 2002

(34.13A)

(1) This rule applies where a party to existing or contemplated proceedings in—

(a) the High Court; or

(b) a magistrates' court,

under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct) wishes to take a deposition from a person who is out of the jurisdiction.

(2) The High Court may, on the application of such a party, order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.

(3) Paragraphs (4) to (7) of rule 34.13 shall apply irrespective of where the proposed deponent is, and rule 34.23 shall not apply in cases where the proposed deponent is in a Regulation State within the meaning of Section III of this Part.

Section 7 Amendments to the Civil Procedure Rules 1998

In rule 34.23, at the beginning of paragraph (1), for “This” substitute “Subject to rule 34.13A, this”.

Section 8 Amendments to the Civil Procedure Rules 1998

In rule 45.10(2), in sub-paragraph (b), at the end insert—

or, where a body of a prescribed description within the meaning of section 30(1) of the Access to Justice Act 1999 undertakes to meet liabilities incurred to pay the costs of other parties to proceedings, a sum not exceeding such additional amount of costs as would be allowed under section 30 in respect of provision made against the risk of having to meet such liabilities;

Section 9 Amendments to the Civil Procedure Rules 1998

In rule 45.11, for paragraph (2) substitute—

(2) The amount of the success fee shall be 12.5% of the fixed recoverable costs calculated in accordance with rule 45.9(1), disregarding any additional amount which may be included in the fixed recoverable costs by virtue of rule 45.9(2).

Section 10 Amendments to the Civil Procedure Rules 1998

In rule 52.12, for paragraph (1) substitute—

(1) The fact that a Part 36 offer or Part 36 payment has been made must not be disclosed to any judge of the appeal court who is to hear or determine—

(a) an application for permission to appeal; or

(b) an appeal,

until all questions (other than costs) have been determined.

Section 11 Amendments to the Civil Procedure Rules 1998

In rule 52.16, after paragraph (6) insert—

(6A) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

Section 12 Amendments to the Civil Procedure Rules 1998

In rule 54.1, in paragraph (2), omit sub-paragraphs (b), (c) and (d).

Section 13 Amendments to the Civil Procedure Rules 1998

In rule 54.3—

(a) in paragraph (2)—

(i) after “damages”, where it first occurs, insert “, restitution or the recovery of a sum due”; and

(ii) for “damages”, where it next occurs, substitute “such a remedy”; and

(b) in the cross-reference after paragraph (2), after “damages”, insert “, restitution or the recovery of a sum due”.

Section 14 Amendments to the Civil Procedure Rules 1998

In rule 57.9, in sub-paragraph (4)(b), at the end insert “or the Central London County Court”.

Section 15 Amendments to the Civil Procedure Rules 1998

In rule 63.7, in paragraph (3)—

(a) in sub-paragraph (a), omit “and pre-trial reviews”; and

(b) in sub-paragraph (c), for “rule 29.5(1)(c)” substitute “paragraph (1)(b) and (c)”.

Section 16 Amendments to the Civil Procedure Rules 1998

In rule 63.9, in the heading, for “of” substitute “to”.

Section 17 Amendments to the Civil Procedure Rules 1998

For rule 63.16 substitute—

(63.16)

(1) Subject to paragraph (2), Part 6 applies to service of a claim form and any document under this Part.

(2) A claim form relating to a registered right may be served—

(a) on a party who has registered the right at the address for service given for that right in the United Kingdom Patent Office register, provided the address is within the jurisdiction; or

(b) in accordance with rule 6.19(1) or (1A) on a party who has registered the right at the address for service given for that right in the appropriate register at—

(i) the United Kingdom Patent Office; or

(ii) the Office for Harmonisation in the Internal Market.

Section 18 Amendments to the Civil Procedure Rules 1998

In rule 74.19, in sub-paragraph (a)—

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

(b) after sub-paragraph (iv) insert—

or

(v) article 71 of Council Regulation (EC) 6/2002 of 12 December 2001 on Community designs;

Section 19 Amendments to the Civil Procedure Rules 1998

In RSC Order 17, rule 1, in paragraph (2), for the words from “including” to the end of the paragraph, substitute—

including references to—

an individual authorised to act as an enforcement officer under the Courts Act 2003 ; and

any other officer charged with the execution of process by or under the authority of the High Court.

Section 20 Amendments to the Civil Procedure Rules 1998

In RSC Order 45, at the beginning insert—

Interpretation

(Rule 1A)

In this Order, and in RSC Orders 46 and 47—

(a) “enforcement officer” means an individual who is authorised to act as an enforcement officer under the Courts Act 2003; and

(b) “relevant enforcement officer” means—

(i) in relation to a writ of execution which is directed to an single enforcement officer, that officer;

(ii) in relation to a writ of execution which is directed to two or more enforcement officers, the officer to whom the writ is allocated.

Section 21 Amendments to the Civil Procedure Rules 1998

In RSC Order 45, rule 2, after “the Sheriff or his officer” insert “or the relevant enforcement officer”.

Section 22 Amendments to the Civil Procedure Rules 1998

In RSC Order 45, rule 8, delete “an order of mandamus,”.

Section 23 Amendments to the Civil Procedure Rules 1998

In RSC Order 46, rule 8—

(a) in paragraph (3), after “directed” insert “or the relevant enforcement officer”; and

(b) in paragraph (4), after “sheriff” insert “or relevant enforcement officer”.

Section 24 Amendments to the Civil Procedure Rules 1998

In RSC Order 46, rule 9—

(a) in paragraph (1), after “directed” insert “or the relevant enforcement officer”; and

(b) in paragraph (2), after “sheriff”, in both places that it occurs, insert “or enforcement officer”.

Section 25 Amendments to the Civil Procedure Rules 1998

RSC Order 47, rule 2 is revoked.

Section 26 Amendments to the Civil Procedure Rules 1998

In RSC Order 47, rule 4, after “sheriff” insert “or enforcement officer”.

Section 27 Amendments to the Civil Procedure Rules 1998

In RSC Order 47, rule 5, in paragraph (1), after “the writ was directed” insert “or the district of the relevant enforcement officer”.

Section 28 Amendments to the Civil Procedure Rules 1998

In RSC Order 47, rule 6—

(a) for paragraph (1) substitute—

(1) An order of the court under paragraph 10 of Schedule 7 to the Courts Act 2003 that a sale of goods seized under an execution may be made otherwise than by public auction may be made on the application of—

(a) the person at whose instance the writ of execution under which the sale is to be made was issued;

(b) the person against whom that writ was issued (in this rule referred to as “the judgment debtor”);

(c) if the writ was directed to a sheriff, that sheriff; and

(d) if the writ was directed to one or more enforcement officers, the relevant enforcement officer.

(b) for paragraph (3) substitute—

(3) Where the applicant for an order under this rule is not the sheriff or enforcement officer, the sheriff or enforcement officer must, on the demand of the applicant, send to the applicant a list stating—

(a) whether he has notice of the issue of another writ or writs of execution against the goods of the judgment debtor; and

(b) so far as is known to him, the name and address of every creditor who has obtained the issue of another such writ of execution,

and where the sheriff or enforcement officer is the applicant, he must prepare such a list.

(c) in paragraph (4), for “the sheriff’s list” substitute “the list under paragraph (3)”;

(d) for paragraph (5) substitute—

(5) Service of the application notice on a person named in the list under paragraph (3) is notice to him for the purpose of paragraph 10(3) of Schedule 7 to the Courts Act 2003.

(Paragraph 10(3) provides that if the person who seized the goods has notice of another execution or other executions, the court must not consider an application for leave to sell privately until the notice prescribed by Civil Procedure Rules has been given to the other execution creditor or creditors)

(e) in paragraph (6), for “the sheriff’s list” substitute “the list under paragraph (3)”.

Section 29 Amendments to the Civil Procedure Rules 1998

In RSC Order 52, after rule 7 insert—

Warrant for arrest

(Rule 7A)

A warrant for the arrest of a person against whom an order of committal has been made shall not, without further order of the court, be enforced more than 2 years after the date on which the warrant is issued.

Section 30 Amendments to the Civil Procedure Rules 1998

In RSC Order 79, rule 9(11), for “an order of certiorari” substitute “a quashing order”.

Section 31 Amendments to the Civil Procedure Rules 1998

In RSC Order 93, rule 22, for “application for mandamus”, substitute “applications for a mandatory order”.

Section 32 Amendments to the Civil Procedure Rules 1998

In CCR Order 16, rule 7, after paragraph (1) insert—

(1A) In this rule references to the sheriff shall be interpreted as including references to an individual authorised to act as an enforcement officer under the Courts Act 2003.

Section 33 Amendments to the Civil Procedure Rules 1998

In CCR Order 29, rule 1, after paragraph (5), insert—

(5A) A warrant of committal shall not, without further order of the court, be enforced more than 2 years after the date on which the warrant is issued.

Section 34 Amendments to the Civil Procedure Rules 1998

In CCR Order 49, rule 17—

(a) in paragraph (1)—

(i) after sub-paragraph (a) insert—

(aa) “the Religion or Belief Regulations ” means the Employment Equality (Religion or Belief) Regulations 2003 and “the Sexual Orientation Regulations ” means the Employment Equality (Sexual Orientation) Regulations 2003 ;

(ii) for sub-paragraph (b) substitute—

(b) in relation to proceedings under any of those Acts or Regulations, expressions which are used in the Act or Regulations concerned have the same meanings in this rule as they have in that Act or those Regulations;

(b) in paragraph (4), for “or section 57, 62 or 63 of the Act of 1976” substitute “, section 57, 62 or 63 of the Act of 1976, regulation 31 of the Religion or Belief Regulations or regulation 31 of the Sexual Orientation Regulations”;

(c) in paragraph (6), for “or section 66 of the Act of 1976” substitute “, section 66 of the Act of 1976, regulation 33 of the Religion or Belief Regulations or regulation 33 of the Sexual Orientation Regulations”; and

(d) in paragraph (8), for “or section 26 of the Act of 1995” substitute “, section 26 of the Act of 1995, paragraph 1(1) or (2) of Schedule 4 to the Religion or Belief Regulations or paragraph 1(1) or (2) of Schedule 4 to the Sexual Orientation Regulations”.