The Civil Procedure (Amendment No. 4) Rules 2004

• Citation: S.I. 2004/3419
• Sections: 29

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Civil Procedure (Amendment No. 4) Rules 2004 and shall come into force on 1 April 2005.

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 Amendment to the Civil Procedure Rules 1998

In rule 21.10, after paragraph (2), insert—

(21.10)

(3) In proceedings to which Section II of Part 45 applies, the court shall not make an order for detailed assessment of the costs payable to the child or patient but shall assess the costs in the manner set out in that Section.

Section 4 Amendment to the Civil Procedure Rules 1998

(1) In rule 22.1(1)—

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

(b) for sub-paragraph (f), substitute—

(f) a certificate of service; and

(g) any other document where a rule or practice direction requires.

(2) In rule 22.1(4)—

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

(b) in sub-paragraph (b), after “the maker of the witness statement”—

(i) omit the comma; and

(ii) insert—

;or

(c) in the case of a certificate of service, the person who signs the certificate,

Section 5 Amendment to the Civil Procedure Rules 1998

In rule 25.7—

(a) for paragraph (1) substitute—

(1) The court may only make an order for an interim payment where any of the following conditions are satisfied—

(a) the defendant against whom the order is sought has admitted liability to pay damages or some other sum of money to the claimant;

(b) the claimant has obtained judgment against that defendant for damages to be assessed or for a sum of money (other than costs) to be assessed;

(c) it is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against the defendant from whom he is seeking an order for an interim payment whether or not that defendant is the only defendant or one of a number of defendants to the claim;

(d) the following conditions are satisfied—

(i) the claimant is seeking an order for possession of land (whether or not any other order is also sought); and

(ii) the court is satisfied that, if the case went to trial, the defendant would be held liable (even if the claim for possession fails) to pay the claimant a sum of money for the defendant’s occupation and use of the land while the claim for possession was pending; or

(e) in a claim in which there are two or more defendants and the order is sought against any one or more of those defendants, the following conditions are satisfied—

(i) the court is satisfied that, if the claim went to trial, the claimant would obtain judgment for a substantial amount of money (other than costs) against at least one of the defendants (but the court cannot determine which); and

(ii) all the defendants are either—

(a) a defendant that is insured in respect of the claim;

(b) a defendant whose liability will be met by an insurer under section 151 of the Road Traffic Act 1988 or an insurer acting under the Motor Insurers Bureau Agreement, or the Motor Insurers Bureau where it is acting itself; or

(c) a defendant that is a public body.

(b) omit paragraphs (2) and (3).

Section 6 Amendment to the Civil Procedure Rules 1998

In rule 40.1, after “any other of these Rules” insert “or a practice direction”.

Section 7 Amendment to the Civil Procedure Rules 1998

In rule 41.3, omit paragraph (6).

Section 8 Amendment to the Civil Procedure Rules 1998

In rule 44.12A—

(a) at the beginning of sub-paragraph (1)(c), omit “except as referred to in paragraph (1A)”;

(b) omit paragraph (1A); and

(c) at the end of paragraph (1), omit the cross-reference to rule 21.10.

Section 9 Amendment to the Civil Procedure Rules 1998

In Part 45—

(a) for the table of contents for Section I, substitute the table of contents as set out in Part I of Schedule 1 to these Rules; and

(b) for Section I of Part 45, substitute the text as set out in Part II of Schedule 1 to these Rules.

Section 10 Amendment to the Civil Procedure Rules 1998

In Part 45, in the table of contents and in the heading for Section II, “Road Traffic Accidents - Fixed Recoverable Costs in Costs-Only Proceedings”, omit “in Costs-Only Proceedings”.

Section 11 Amendment to the Civil Procedure Rules 1998

In rule 45.7—

(a) for paragraph (1) substitute—

(1) This Section sets out the costs which are to be allowed in—

(a) costs-only proceedings under the procedure set out in rule 44.12A; or

(b) proceedings for approval of a settlement or compromise under rule 21.10(2),

in cases to which this Section applies.

(b) at the end of paragraph (1), omit the cross-reference to 44.12A.

Section 12 Amendment to the Civil Procedure Rules 1998

In rule 45.14, in the heading, after “Costs of the costs-only proceedings”, insert “or the detailed assessment”.

Section 13 Amendment to the Civil Procedure Rules 1998

For rule 45.18(2)(c) substitute—

(c) the parties agree damages of £500,000 or less and it is reasonable to expect that if the court had made an award of damages, it would have awarded damages greater than £500,000, disregarding any reduction the court may have made in respect of contributory negligence.

Section 14 Amendment to the Civil Procedure Rules 1998

For rule 48.5(2)(b) substitute—

(b) on an assessment under paragraph (a), the court must also assess any costs payable to that party in the proceedings, unless—

(i) the court has issued a default costs certificate in relation to those costs under rule 47.11; or

(ii) the costs are payable in proceedings to which Section II of Part 45 applies.

Section 15 Amendment to the Civil Procedure Rules 1998

In rule 63.13—

(a) omit paragraph (2); and

(b) in paragraph (3), for “Other claims” substitute “Claims”.

Section 16 Amendment to the Civil Procedure Rules 1998

After Part 65, insert Part 67 as set out in Schedule 2 to these Rules.

Section 17 Amendment to the Civil Procedure Rules 1998

The following provisions are revoked—

(a) RSC Order 62;

(b) RSC Order 106; and

(c) CCR Order 38.

Section 45.1 Scope of this Section

(1) This Section sets out the amounts which, unless the court orders otherwise, are to be allowed in respect of solicitors' charges in the cases to which this Section applies.

(2) This Section applies where—

(a) the only claim is a claim for a specified sum of money where the value of the claim exceeds £25 and—

(i) judgment in default is obtained under rule 12.4(1);

(ii) judgment on admission is obtained under rule 14.4(3);

(iii) judgment on admission on part of the claim is obtained under rule 14.5(6);

(iv) summary judgment is given under Part 24;

(v) the court has made an order to strike out ( GL ) a defence under rule 3.4(2)(a) as disclosing no reasonable grounds for defending the claim; or

(vi) rule 45.3 applies;

(b) the only claim is a claim where the court gave a fixed date for the hearing when it issued the claim and judgment is given for the delivery of goods, and the value of the claim exceeds £25;

(c) the claim is for the recovery of land, including a possession claim under Part 55, whether or not the claim includes a claim for a sum of money and the defendant gives up possession, pays the amount claimed, if any, and the fixed commencement costs stated in the claim form;

(d) the claim is for the recovery of land, including a possession claim under Part 55, where one of the grounds for possession is arrears of rent, for which the court gave a fixed date for the hearing when it issued the claim and judgment is given for the possession of land (whether or not the order for possession is suspended on terms) and the defendant—

(i) has neither delivered a defence, or counterclaim, nor otherwise denied liability; or

(ii) has delivered a defence which is limited to specifying his proposals for the payment of arrears of rent;

(e) the claim is a possession claim under Section II of Part 55 (accelerated possession claims of land let on an assured shorthold tenancy) and a possession order is made where the defendant has neither delivered a defence, or counterclaim, nor otherwise denied liability;

(f) the claim is a demotion claim under Section III of Part 65 or a demotion claim is made in the same claim form in which a claim for possession is made under Part 55 and that demotion claim is successful; or

(g) a judgment creditor has taken steps under Parts 70 to 73 to enforce a judgment or order.

(The practice direction supplementing rule 7.9 sets out the types of case where a court will give a fixed date for a hearing when it issues a claim)

(3) Any appropriate court fee will be allowed in addition to the costs set out in this Section.

(4) The claim form may include a claim for fixed commencement costs.

Section 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods

(1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(a) or (b) applies—

(a) shall be calculated by reference to Table 1; and

(b) the amount claimed, or the value of the goods claimed if specified, in the claim form is to be used for determining the band in Table 1 that applies to the claim.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

Section 45.2A Amount of fixed commencement costs in a claim for the recovery of land or a demotion claim

(1) The amount of fixed commencement costs in a claim to which rule 45.1(2)(c), (d) or (f) applies shall be calculated by reference to Table 2.

(2) The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 1

Where–

the claim form is served personally by the claimant; and

there is only one defendant

Where–

the value of the claim exceeds £25 but does not exceed £500

Where–

the value of the claim exceeds £500 but does not exceed £1,000

Where–

the value of the claim exceeds £1,000 but does not exceed £5,000; or

the only claim is for delivery of goods and no value is specified or stated on the claim form

Where–

the value of the claim exceeds £5,000

TABLE 2

Where–

the claim form is served personally by the claimant; and

there is only one defendant

Section 45.3 When defendant only liable for fixed commencement costs

(1) Where—

(a) the only claim is for a specified sum of money; and

(b) the defendant pays the money claimed within 14 days after service of particulars of claim on him, together with the fixed commencement costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

(2) Where—

(a) the claimant gives notice of acceptance of a payment into court in satisfaction of the whole claim;

(b) the only claim is for a specified sum of money; and

(c) the defendant made the payment into court within 14 days after service of the particulars of claim on him, together with the fixed costs stated in the claim form,

the defendant is not liable for any further costs unless the court orders otherwise.

Section 45.4 Costs on entry of judgment in a claim for the recovery of money or goods

Where—

(a) the claimant has claimed fixed commencement costs under rule 45.2; and

(b) judgment is entered in a claim to which rule 45.1(2)(a) or (b) applies in the circumstances specified in Table 3, the amount to be included in the judgment for the claimant’s solicitor’s charges is the total of—

(i) the fixed commencement costs; and

(ii) the relevant amount shown in Table 3.

Section 45.4A Costs on entry of judgment in a claim for the recovery of land or a demotion claim

(1) Where—

(a) the claimant has claimed fixed commencement costs under rule 45.2A; and

(b) judgment is entered in a claim to which rule 45.1(2)(d) or (f) applies, the amount to be included in the judgment for the claimant’s solicitor’s charges is the total of—

(i) the fixed commencement costs; and

(ii) the sum of £57.25.

(2) Where an order for possession is made in a claim to which rule 45.1(2)(e) applies, the amount allowed for the claimant’s solicitor’s charges for preparing and filing—

(a) the claim form;

(b) the documents that accompany the claim form; and

(c) the request for possession,

is £79.50.

TABLE 3

Section 45.5 Miscellaneous fixed costs

Table 4 shows the amount to be allowed in respect of solicitor’s charges in the circumstances mentioned.

TABLE 4

(a) in Scotland, Northern Ireland, the Isle of Man or the Channel Islands;

(b) in any other place

Section 45.6 Fixed enforcement costs

Table 5 shows the amount to be allowed in respect of solicitors' costs in the circumstances mentioned. The amounts shown in Table 4 are to be allowed in addition, if applicable.

TABLE 5

for each half hour or part, £15.00

(When the questioning takes place before a judge, he may summarily assess any costs allowed.)

if the amount recovered is less than £150

otherwise

one-half of the amount recovered

£98.50

(a) basic costs

(b) where notice of the proceedings is to be to more than one person, for each additional person

Section 67.1 Scope and interpretation

(1) This Part contains rules about the following types of proceedings relating to solicitors—

(a) proceedings to obtain an order for a solicitor to deliver a bill or cash account and proceedings in relation to money or papers received by a solicitor (rule 67.2);

(b) proceedings under Part III of the Solicitors Act 1974 relating to the remuneration of solicitors (rule 67.3); and

(c) proceedings under Schedule 1 to the Solicitors Act 1974 arising out of the Law Society’s intervention in a solicitor’s practice (rule 67.4).

(2) In this Part—

“ the Act ” means the Solicitors Act 1974; and

“ LLP ” means limited liability partnership.

(Part 48 and Section 56 of the Costs Practice Direction contain provisions about the procedure and basis for the detailed assessment of solicitor and client costs under Part III of the Act)

(The practice direction supplementing Part 52 contains provisions about appeals to the High Court from the Solicitors Disciplinary Tribunal under section 49 of the Act)

Section 67.2 Power to order solicitor to deliver cash account etc.

(1) Where the relationship of solicitor and client exists or has existed, the orders which the court may make against the solicitor, on the application of the client or his personal representatives, include any of the following—

(a) to deliver a bill or cash account;

(b) to pay or deliver up any money or securities;

(c) to deliver a list of the moneys or securities which the solicitor has in his possession or control on behalf of the applicant;

(d) to pay into or lodge in court any such money or securities.

(2) An application for an order under this rule must be made—

(a) by Part 8 claim form; or

(b) if the application is made in existing proceedings, by application notice in accordance with Part 23.

(3) If the solicitor alleges that he has a claim for costs against the applicant, the court may make an order for—

(a) the detailed assessment and payment of those costs; and

(b) securing the payment of the costs, or protecting any solicitor’s lien.

Section 67.3 Proceedings under Part III of the Act

(1) A claim for an order under Part III of the Act for the assessment of costs payable to a solicitor by his client—

(a) which—

(i) relates to contentious business done in a county court; and

(ii) is within the financial limit of the county court’s jurisdiction specified in section 69(3) of the Act ,

may be made in that county court;

(b) in every other case, must be made in the High Court.

(Rule 30.2 makes provision for any county court to transfer the proceedings to another county court for detailed assessment of costs)

(Provisions about the venue for detailed assessment proceedings are contained in rule 47.4, Section 31 of the Costs Practice Direction and the Costs Pilot Scheme Practice Direction supplementing Part 47)

(2) A claim for an order under Part III of the Act must be made—

(a) by Part 8 claim form; or

(b) if the claim is made in existing proceedings, by application notice in accordance with Part 23.

(A model form of claim form is annexed to the Costs Practice Direction)

(3) A claim in the High Court under Part III of the Act may be determined by—

(a) a High Court judge;

(b) a Master, a costs judge or a district judge of the Principal Registry of the Family Division; or

(c) a district judge, if the costs are for—

(i) contentious business done in proceedings in the district registry of which he is the district judge;

(ii) contentious business done in proceedings in a county court within the district of that district registry; or

(iii) non-contentious business.

Section 67.4 Proceedings under Schedule 1 to the Act

(1) Proceedings in the High Court under Schedule 1 to the Act must be brought—

(a) in the Chancery Division; and

(b) by Part 8 claim form, unless paragraph (4) below applies.

(2) The heading of the claim form must state that the claim relates to a solicitor and is made under Schedule 1 to the Act.

(3) Where proceedings are brought under paragraph 6(4) or 9(8) of Schedule 1 to the Act, the court will give directions and fix a date for the hearing immediately upon issuing the claim form.

(4) If the court has made an order under Schedule 1 to the Act, any subsequent application for an order under that Schedule which has the same parties may be made by a Part 23 application in the same proceedings.

(5) The table below sets out who must be made a defendant to each type of application under Schedule 1.

Defendants to applications under Schedule 1 to the Act

if the application relates to money held on behalf of an individual solicitor, the solicitor

if the application relates to money held on behalf of a firm, every partner in the firm

if the application relates to money held on behalf of a LLP or other corporation, the LLP or other corporation

if the application relates to postal packets addressed to an individual solicitor, the solicitor

if the application relates to postal packets addressed to a firm, every partner in the firm

if the application relates to postal packets addressed to a LLP or other corporation, the LLP or other corporation

(6) At any time after the Law Society has issued an application for an order under paragraph 5 of Schedule 1 to the Act, the court may, on an application by the Society—

(a) make an interim order under that paragraph to have effect until the hearing of the application; and

(b) order the defendant, if he objects to the order being continued at the hearing, to file and serve written evidence showing cause why the order should not be continued.