The Civil Procedure (Amendment) Rules 2008

• Citation: S.I. 2008/2178
• Sections: 118

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Civil Procedure (Amendment) Rules 2008.

(2) Except as provided in paragraphs (3) and (4), these Rules come into force on 1st October 2008.

(3) Rules 6(a), 7 and 38 of these Rules and Schedule 2 to these Rules come into force—

(a) in so far as they relate to European orders for payment made under Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure , on 12th December 2008; and

(b) in so far as they relate to the European small claims procedure under Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure , on 1st January 2009.

(4) Rules 37(b), (c) and (d) of these Rules come into force on 12th December 2008.

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 “ RSC ” means the RSC Order so numbered in Schedule 1 to those Rules; and

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

Section 3 Amendments to the Civil Procedure Rules 1998

In rule 2.3(1), in the parenthesis below the definition of “defendant’s home court”, for “Rule 6.5” substitute “Rule 6.23”.

Section 4 Amendments to the Civil Procedure Rules 1998

In rule 3.7—

(a) in paragraph (4)(ii), for “shall” substitute “will”;

(b) in the parenthesis below paragraph (4)(ii), after “this rule” insert “and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007 ”;

(c) in paragraph (6)(b), for “shall” substitute “will”; and

(d) in paragraph (7), for “shall” substitute “will”.

Section 5 Amendments to the Civil Procedure Rules 1998

For Part 6 substitute Part 6 (Service of documents) as set out in Schedule 1 to these Rules.

Section 6 Amendments to the Civil Procedure Rules 1998

In Part 7—

(a) in rule 7.2, after the fourth parenthesis below paragraph (2) insert—

(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)

(b) in rule 7.4(3)—

(i) for “he” substitute “the claimant”; and

(ii) omit “together with a certificate of service”;

(c) omit the parenthesis “(Rule 6.10 makes provision for a certificate of service).” below rule 7.4(3); and

(d) for rules 7.5 and 7.6 substitute—

Service of a claim form

(7.5)

(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.

Extension of time for serving a claim form

(7.6)

(1) The claimant may apply for an order extending the period for compliance with rule 7.5.

(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made—

(a) within the period specified by rule 7.5; or

(b) where an order has been made under this rule, within the period for service specified by that order.

(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if—

(a) the court has failed to serve the claim form; or

(b) the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and

(c) in either case, the claimant has acted promptly in making the application.

(4) An application for an order extending the time for compliance with rule 7.5—

(a) must be supported by evidence; and

(b) may be made without notice.

Section 7 Amendments to the Civil Procedure Rules 1998

In rule 8.1, after the parenthesis below paragraph (6) insert—

(Part 78 provides procedures for European orders for payment and for the European small claims procedure.)

Section 8 Amendments to the Civil Procedure Rules 1998

In Part 10—

(a) in rule 10.3(2)—

(i) in sub-paragraph (a)—

(aa) for “6.22” substitute “6.35”; and

(bb) after “jurisdiction” insert “under rule 6.32 or 6.33”;

(ii) in sub-paragraph (b), for “6.16(4)” substitute “6.12(3)”; and

(iii) in sub-paragraph (c)—

(aa) for “6.21(4)” substitute “6.37(5)”; and

(bb) for “Practice Direction 6B” substitute “Practice Direction B supplementing Part 6”;

(b) in rule 10.5(a) for “his” substitute “the defendant’s”; and

(c) in the first parenthesis below rule 10.5(b)—

(i) for “6.5” substitute “6.23”; and

(ii) for “jurisdiction” substitute “United Kingdom”.

Section 9 Amendments to the Civil Procedure Rules 1998

In Part 12—

(a) for the second parenthesis below rule 12.3(3)(c)(ii) substitute—

(Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.)

(b) for the third parenthesis below rule 12.3(3)(c)(ii) substitute—

(Article 19(1) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies in relation to judgment in default where the claim form is served in accordance with that Regulation.)

(c) in rule 12.4(4), for “rule 6.5(8)” substitute “rule 6.10”;

(d) in rule 12.10—

(i) at the beginning of paragraph (b) for “he” substitute “the claimant”;

(ii) in paragraph (b)(i)—

(aa) for “6.19(1) or (1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and

(bb) for “service without leave” substitute “service where permission of the court is not required”; and

(iii) in paragraph (b)(ii), for “Regulation State” substitute “Member State”;

(e) in rule 12.11(4)(a), for “6.19(1) or 6.19(1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and

(f) in rule 12.11(6)—

(i) in sub-paragraph (a)(ii), for “Regulation State” substitute “Member State”;

(ii) in sub-paragraph (d), after “;” insert “and”;

(iii) in sub-paragraph (e), for “; and” substitute “.”; and

(iv) omit sub-paragraph (f).

Section 10 Amendments to the Civil Procedure Rules 1998

For the second parenthesis below rule 13.3(2) substitute—

(Article 19(4) of the Service Regulation (which has the same meaning as in rule 6.31(e)) applies to applications to appeal a judgment in default when the time limit for appealing has expired.)

Section 11 Amendments to the Civil Procedure Rules 1998

In rule 14.2(2)—

(a) in sub-paragraph (a)—

(i) for “6.22” substitute “6.35”; and

(ii) after “jurisdiction” insert “under rule 6.32 or 6.33”; and

(b) in sub-paragraph (b), for “6.16(4)” substitute “6.12(3)”.

Section 12 Amendments to the Civil Procedure Rules 1998

In rule 15.4(2)—

(a) in sub-paragraph (a)—

(i) for “6.23” substitute “6.35”; and

(ii) after “jurisdiction” insert “under rule 6.32 or 6.33”;

(b) in sub-paragraph (b), for “he” substitute “the defendant”; and

(c) in sub-paragraph (d), for “6.16(4)” substitute “6.12(3)”.

Section 13 Amendments to the Civil Procedure Rules 1998

In Part 16—

(a) in rule 16.5(8), for “he” substitute “the defendant”; and

(b) in the second parenthesis below rule 16.5(8)—

(i) for “6.5” substitute “6.23”; and

(ii) for “jurisdiction” substitute “United Kingdom”.

Section 14 Amendments to the Civil Procedure Rules 1998

For the parenthesis below rule 20.13(2) substitute—

(Part 66 contains provisions about counterclaims and other Part 20 claims in relation to proceedings by or against the Crown.)

Section 15 Amendments to the Civil Procedure Rules 1998

In Part 21—

(a) in the first parenthesis below rule 21.1(2)(e), for “Rule 6.6 contains” substitute “Rules 6.13 and 6.25 contain”;

(b) in rule 21.5(4)—

(i) in sub-paragraph (a), for “6.6” substitute “6.13”; and

(ii) in sub-paragraph (b), for “he files” substitute “filing”;

(c) in the parenthesis below rule 21.5(4)(b), for “Rule 6.10 sets” substitute “Rules 6.17 and 6.29 set”; and

(d) in rule 21.8(1), for “6.6” substitute “6.13”.

Section 16 Amendments to the Civil Procedure Rules 1998

In the second parenthesis below rule 26.3(7), for “Rule 6.7 specifies” substitute “Rules 6.14 and 6.26 specify”.

Section 17 Amendments to the Civil Procedure Rules 1998

In Part 36—

(a) in the table of contents, for “Deduction of benefits” substitute “Deduction of benefits and lump sum payments”;

(b) in rule 36.9—

(i) in paragraph 3(b), for “benefits” substitute “amounts”; and

(ii) for the second parenthesis below paragraph (3)(d) substitute—

(Rule 36.15 defines “deductible amounts”.)

(c) in rule 36.10—

(i) in paragraph (1), for “his” substitute “the”;

(ii) in paragraph (2), for “his” substitute “the”;

(iii) below the parenthesis following paragraph (3), insert—

(Rule 44.12 contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007.)

(iv) in paragraph (5)(a), for “his” substitute “the”; and

(d) in rule 36.15—

(i) for the heading to rule 36.15 and for paragraphs (1) and (2) substitute—

Deduction of benefits and lump sum payments

(36.15)

(1) In this rule and rule 36.9—

(a) “the 1997 Act” means the Social Security (Recovery of Benefits) Act 1997 ;

(b) “the 2008 Regulations” means the Social Security (Recovery of Benefits)(Lump Sum Payments) Regulations 2008 ;

(c) “ recoverable amount ” means—

(i) “ recoverable benefits ” as defined in section 1(4)(c) of the 1997 Act; and

(ii) “ recoverable lump sum payments ” as defined in regulation 4 of the 2008 Regulations;

(d) “ deductible amount ” means—

(i) any benefits by the amount of which damages are to be reduced in accordance with section 8 of, and Schedule 2 to the 1997 Act (“deductible benefits”); and

(ii) any lump sum payment by the amount of which damages are to be reduced in accordance with regulation 12 of the 2008 Regulations (“deductible lump sum payments”); and

(e) “certificate”—

(i) in relation to recoverable benefits is construed in accordance with the provisions of the 1997 Act; and

(ii) in relation to recoverable lump sum payments has the meaning given in section 29 of the 1997 Act as applied by regulation 2 of, and modified by Schedule 1 to the 2008 Regulations.

(2) This rule applies where a payment to a claimant following acceptance of a Part 36 offer would be a compensation payment as defined in section 1(4)(b) or 1A(5)(b) of the 1997 Act.

(ii) in paragraph (3)—

(aa) in sub-paragraph (a), for “benefits” substitute “amounts”; and

(bb) in sub-paragraph (b) for “benefits” substitute “amounts”;

(iii) in paragraph (5), omit “of recoverable benefits”;

(iv) in paragraph (6)(b)—

(aa) for “benefit” substitute “amount”; and

(bb) for “that” substitute “the”;

(v) in paragraph (6)(c), for “after deduction of the amount of benefit” substitute “of compensation”;

(vi) for paragraph (7) substitute—

(7) If at the time the offeror makes the Part 36 offer, the offeror has applied for, but has not received a certificate, the offeror must clarify the offer by stating the matters referred to in paragraphs (6)(b) and (6)(c) not more than 7 days after receipt of the certificate.

(vii) in paragraph (8)—

(aa) for “he” substitute “the claimant”; and

(bb) for “benefits” substitute “amounts”;

(viii) for the parenthesis following paragraph (8) substitute—

(Section 15(2) of the 1997 Act provides that the court must specify the compensation payment attributable to each head of damage. Schedule 1 to the 2008 Regulations modifies section 15 of the 1997 Act in relation to lump sum payments and provides that the court must specify the compensation payment attributable to each or any dependant who has received a lump sum payment.)

(ix) in paragraph (9) and in the parenthesis following paragraph (9), in each place where it appears, for “benefits” substitute “amounts”.

Section 18 Amendments to the Civil Procedure Rules 1998

In rule 38.6—

(a) in paragraph (1)—

(i) for “he” substitute “the claimant”; and

(ii) for “him” substitute “the defendant”; and

(b) in the parenthesis below paragraph (3)—

(i) after “where” insert “the”; and

(ii) after “discontinuance” insert “and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007”.

Section 19 Amendments to the Civil Procedure Rules 1998

In rule 38.8—

(a) for paragraph (1)(b) substitute—

(b) a claimant is liable to—

(i) pay costs under rule 38.6; or

(ii) make a payment pursuant to an order under section 194(3) of the Legal Services Act 2007; and

(b) in paragraph (1)(c)—

(i) after “those costs” insert “or make the payment”; and

(ii) in sub-paragraph (ii) after “to be paid” insert “or the payment to be made”;

(c) in paragraph (2)—

(i) for “he” substitute “the claimant”; and

(ii) after “rule 38.6” insert “or makes the payment pursuant to an order under section 194(3) of the Legal Services Act 2007”; and

(d) below paragraph (2) insert—

(Rules 44.3C and 44.12 contain provisions about applying for an order under section 194(3) of the Legal Services Act 2007.)

Section 20 Amendments to the Civil Procedure Rules 1998

For the parenthesis below rule 40.4(2)(b) substitute—

(Rule 6.21 sets out who is to serve a document other than the claim form.)

Section 21 Amendments to the Civil Procedure Rules 1998

For the first parenthesis below rule 42.2(6)(b)(ii) substitute—

(Rules 6.23 and 6.24 contain provisions about a party’s address for service.)

Section 22 Amendments to the Civil Procedure Rules 1998

In rule 43.2(1)—

(a) in sub-paragraph (e), for “his” substitute “that”;

(b) in sub-paragraph (k)(iii), for “his” substitute “that person’s”;

(c) in sub-paragraph (n) omit “and”;

(d) in sub-paragraph (o) for “.” substitute “;”; and

(e) after sub-paragraph (o) insert—

(p) “ free of charge ” has the same meaning as in section 194(10) of the Legal Services Act 2007;

(q) “ pro bono representation ” means legal representation provided free of charge; and

(r) “ the prescribed charity ” has the same meaning as in section 194(8) of the Legal Services Act 2007.

Section 23 Amendments to the Civil Procedure Rules 1998

In Part 44—

(a) in the table of contents, after the entry “Limits on recovery under funding arrangements” insert the entry—

Orders in respect of pro bono representation Rule 44.3C

(b) in rule 44.1, for “costs and entitlement to costs” substitute “costs, entitlement to costs and orders in respect of pro bono representation”;

(c) after rule 44.3B insert—

Orders in respect of pro bono representation

(44.3C)

(1) In this rule, “the 2007 Act” means the Legal Services Act 2007.

(2) Where the court makes an order under section 194(3) of the 2007 Act—

(a) the court may order the payment to the prescribed charity of a sum no greater than the costs specified in Part 45 to which the party with pro bono representation would have been entitled in accordance with that Part and in respect of that representation had it not been provided free of charge; or

(b) where Part 45 does not apply, the court may determine the amount of the payment (other than a sum equivalent to fixed costs) to be made by the paying party to the prescribed charity by—

(i) making a summary assessment; or

(ii) making an order for detailed assessment,

of a sum equivalent to all or part of the costs the paying party would have been ordered to pay to the party with pro bono representation in respect of that representation had it not been provided free of charge.

(3) Where the court makes an order under section 194(3) of the 2007 Act, the order must specify that the payment by the paying party must be made to the prescribed charity.

(4) The receiving party must send a copy of the order to the prescribed charity within 7 days of receipt of the order.

(5) Where the court considers making or makes an order under section 194(3) of the 2007 Act, Parts 43 to 48 apply, where appropriate, with the following modifications—

(a) references to “costs orders”, “orders about costs” or “orders for the payment of costs” are to be read, unless otherwise stated, as if they refer to an order under section 194(3);

(b) references to “costs” are to be read, as if they referred to a sum equivalent to the costs that would have been claimed by, incurred by or awarded to the party with pro bono representation in respect of that representation had it not been provided free of charge; and

(c) references to “receiving party” are to be read, as meaning a party who has pro bono representation and who would have been entitled to be paid costs in respect of that representation had it not been provided free of charge.

(d) in rule 44.12, after paragraph (1) insert—

(1A) Where such an order is deemed to be made in favour of a party with pro bono representation, that party may apply for an order under section 194(3) of the Legal Services Act 2007.

(e) in rule 44.13(1)—

(i) for sub-paragraph (a) substitute—

(a) subject to paragraphs (1A) and (1B), the general rule is that no party is entitled—

(i) to costs; or

(ii) to seek an order under section 194(3) of the Legal Services Act 2007,

in relation to that order; but

(ii) in sub-paragraph (b) for “him” substitute “that party”.

Section 24 Amendments to the Civil Procedure Rules 1998

In Table 4 below rule 45.5, for the entry—

substitute—

Section 25 Amendments to the Civil Procedure Rules 1998

In Part 47—

(a) for rule 47.5 substitute—

Application of this Section

(47.5) This Section of Part 47 applies where a cost officer is to make a detailed assessment of—

(a) costs which are payable by one party to another; or

(b) the sum which is payable by one party to the prescribed charity pursuant to an order under section 194(3) of the Legal Services Act 2007.

(b) in rule 47.11—

(i) in paragraph (1), for “he” substitute “that party”;

(ii) in paragraph (3)—

(aa) for “him” substitute “that party”; and

(bb) for “shall” substitute “will”; and

(iii) after paragraph (3) insert—

(4) A receiving party who obtains a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007 must send a copy of the default costs certificate to the prescribed charity.

(c) in rule 47.12, after the parenthesis below paragraph (4) insert—

(5) Where the court sets aside or varies a default costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the order setting aside or varying the default costs certificate to the prescribed charity.

(d) in rule 47.15, after paragraph (3) insert—

(4) Where the court—

(a) issues an interim costs certificate; or

(b) amends or cancels an interim certificate,

in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the interim costs certificate or the order amending or cancelling the interim costs certificate to the prescribed charity.

(e) in rule 47.16, after the parenthesis below paragraph (5) insert—

(6) Where the court issues a final costs certificate in detailed assessment proceedings pursuant to an order under section 194(3) of the Legal Services Act 2007, the receiving party must send a copy of the final costs certificate to the prescribed charity.

(f) in rule 47.18—

(i) in paragraph (1), for “his” substitute “the”; and

(ii) after paragraph (1) insert—

(1A) Paragraph (1) does not apply where the receiving party has pro bono representation in the detailed assessment proceedings but that party may apply for an order in respect of that representation under section 194(3) of the Legal Services Act 2007.

Section 26 Amendments to the Civil Procedure Rules 1998

In rule 52.3—

(a) in paragraph (4A) omit “The court may not make such an order in family proceedings.”; and

(b) omit the parenthesis immediately following paragraph (4A).

Section 27 Amendments to the Civil Procedure Rules 1998

In rule 54.28B—

(a) in paragraph (1), for “rules 6.4(2) and 6.5(5)” substitute “rules 6.7 and 6.23(2)(a)”; and

(b) in paragraph (2)—

(i) in sub-paragraph (a), for “his” substitute “the appellant’s”;

(ii) in sub-paragraph (b)—

(aa) for “his address” substitute “the appellant’s address”; and

(bb) for “working” substitute “business”; and

(iii) at the end of that paragraph, for “his representative” substitute “the appellant’s representative”.

Section 28 Amendments to the Civil Procedure Rules 1998

In Part 55—

(a) in rule 55.8(6)—

(i) for “he” substitute “the claimant”; and

(ii) for “6.14(2)(a)” substitute “6.17(2)(a)”; and

(b) in rule 55.23(3), for “6.14(2)(a)” substitute “6.17(2)(a)”.

Section 29 Amendments to the Civil Procedure Rules 1998

In Part 56—

(a) in rule 56.1(1)—

(i) in sub-paragraph (d) omit “or”;

(ii) in sub-paragraph (e), for “.” substitute “; or”; and

(iii) after sub-paragraph (e) insert—

(f) section 214 of the Housing Act 2004 .

(b) in rule 56.2(2)—

(i) for “The claim” substitute “Unless an enactment provides otherwise, the claim”; and

(ii) for “his” substitute “the”; and

(c) in rule 56.3—

(i) in paragraph (3)(a)(ii) after “;” insert “and”;

(ii) omit paragraph (3)(b); and

(iii) for paragraph (4) substitute—

(4) Where the claim is an opposed claim the claimant must use the Part 7 procedure.

Section 30 Amendments to the Civil Procedure Rules 1998

In Part 57—

(a) in rule 57.4(3)—

(i) for “6.19” substitute “6.32 or 6.33”;

(ii) for “6.22” substitute “6.35”; and

(iii) for “the practice direction supplementing Section 3 of Part 6” substitute “Practice Direction B supplementing Part 6”; and

(b) in rule 57.16(4A)—

(i) for “6.19” substitute “6.32 or 6.33”;

(ii) for “6.22” substitute “6.35”; and

(iii) for “the practice direction supplementing Section III of Part 6” substitute “Practice Direction B supplementing Part 6”.

Section 31 Amendments to the Civil Procedure Rules 1998

In Part 58—

(a) in rule 58.6(3), for “rules 6.16(4), 6.21(4) and 6.22” substitute “rules 6.12(3), 6.35 and 6.37(5)”; and

(b) in rule 58.10(2), for “Rule 6.23 (period” substitute “Rule 6.35 (in relation to the period”.

Section 32 Amendments to the Civil Procedure Rules 1998

In Part 59—

(a) in rule 59.5(3), for “6.16(4), 6.21(4) and 6.22” substitute “6.12(3), 6.35 and 6.37(5)”; and

(b) in rule 59.9(2), for “Rule 6.23 (period” substitute “Rule 6.35 (in relation to the period”.

Section 33 Amendments to the Civil Procedure Rules 1998

In Part 61—

(a) In rule 61.4(7)(b), for “Section III” substitute “Section IV”; and

(b) in rule 61.11—

(i) in paragraph (5), for “Section III” substitute “Section IV”; and

(ii) in paragraph (7)—

(aa) in sub-paragraph (a)(ii), for “he” substitute “the defendant”;

(bb) in sub-paragraph (b), for “he” substitute “the defendant”; and

(cc) in sub-paragraph (b), for “6.22” substitute “6.35”.

Section 34 Amendments to the Civil Procedure Rules 1998

In Part 62—

(a) in rule 62.5(3), for “6.24 to 6.29” substitute “6.40 to 6.46”;

(b) in rule 62.16(4), for “6.24 to 6.29” substitute “6.40 to 6.46”;

(c) in rule 62.18(8)(b), for “6.24 to 6.29” substitute “6.40 to 6.46”; and

(d) in rule 62.20(1)(a), for “United Kingdom Overseas Territory (within the meaning of rule 6.18(f))” substitute “British overseas territory”.

Section 35 Amendments to the Civil Procedure Rules 1998

In rule 63.16(2)—

(a) in sub-paragraph (a)—

(i) for “Patent” substitute “Intellectual Property”; and

(ii) for “jurisdiction” substitute “United Kingdom”;

(b) in sub-paragraph (b), for “6.19(1) or (1A)” substitute “6.32(1), 6.33(1) or 6.33(2)”; and

(c) in sub-paragraph (b)(i), for “Patent” substitute “Intellectual Property”.

Section 36 Amendments to the Civil Procedure Rules 1998

In Part 65—

(a) in the table of contents, omit—

(i) the entry “VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006 ”; and

(ii) the entries relating to rules 65.31 to 65.36;

(b) in rule 65.1—

(i) in paragraph (e), after “Protection from Harassment Act 1997 ;” insert “and”; and

(ii) omit paragraph (f); and

(c) in rule 65.18(5)—

(i) for “he” substitute “the claimant”; and

(ii) for “6.14(2)(a)” substitute “6.17(2)(a)”; and

(d) omit Section VI.

Section 37 Amendments to the Civil Procedure Rules 1998

In Part 74—

(a) in rule 74.6—

(i) in paragraph (1)(a), for “him” substitute “the judgment debtor”;

(ii) for paragraph (1)(b) substitute—

(b) as provided by—

(i) section 725 of the Companies Act 1985 ; or

(ii) the Companies Act 2006 ; or

(iii) in paragraph (2), for “6.24, 6.25, 6.26 and 6.29” substitute “6.40, 6.42, 6.43 and 6.46”;

(b) for rule 74.31(2) and the two parentheses below that rule substitute—

(2) Where a person applies to enforce an EEO expressed in a foreign currency, the application must contain a certificate of the sterling equivalent of the judgment sum at the close of business on the date nearest preceding the date of the application.

(Part 70 contains further rules about enforcement.)

(c) in rule 74.32—

(i) in paragraph (2)(a), after “order” insert “(“the affected persons”)”;

(ii) in paragraph (2)(b), after “Wales” insert “(“the relevant courts”)”; and

(iii) for paragraph (3) substitute—

(3) Upon service of the order on the affected persons, all enforcement proceedings under the EEO in the relevant courts will cease.

(d) in rule 74.33—

(i) for the heading to the rule substitute “Stay of or limitation on enforcement”; and

(ii) in paragraph (1), omit “by application”.

Section 38 Amendments to the Civil Procedure Rules 1998

After Part 77 insert Part 78 (European order for payment and European small claims procedures) as set out in Schedule 2 to these Rules.

Section 39 Amendments to the Civil Procedure Rules 1998

In RSC Order 115—

(a) in rule 17—

(i) in paragraph (1)—

(aa) for “delivering it to him” substitute “delivering it to that person”; and

(bb) for “to him at his” substitute “to that person’s”; and

(ii) in paragraph (2), for “6.24, 6.25 and 6.29 shall” substitute “6.40, 6.42 and 6.46”; and

(b) in rule 33(2), for “6.24, 6.25 and 6.29 shall” substitute “6.40, 6.42 and 6.46”.

Section 40 Amendments to the Civil Procedure Rules 1998

In CCR Order 27—

(a) in rule 5(1), for “6.2” substitute “6.20”; and

(b) in rule 17(3A), for “6.2” substitute “6.20”.

Section 41 Amendments to the Civil Procedure Rules 1998

In CCR Order 28—

(a) in rule 2(2)—

(i) for “his” substitute “the judgment creditor’s”;

(ii) for “the judgment summons shall” substitute “the judgment summons will”;

(iii) omit “an officer of”;

(iv) for “sending it to him” substitute “sending it to the debtor”; and

(v) for “the date of service shall be” substitute “the date of service is”; and

(b) in rule 3—

(i) in paragraph (2)—

(aa) for “shall” substitute “will”;

(bb) for “6.11” substitute “6.18”; and

(cc) omit “office”; and

(ii) in paragraph (3) omit “shall”.

Section 42 Amendments to the Civil Procedure Rules 1998

In CCR Order 29, rule 1(6)—

(a) for “thereof” substitute “of the judgment or order”; and

(b) in sub-paragraph (b), for “telegram” substitute “fax, e-mail”.

Section 43 Amendments to the Civil Procedure Rules 1998

In CCR Order 33, rule 4(3), for “6.2” substitute “6.20”.

Section 44 Transitional Provision

The amendments made by rule 26 of these Rules to rule 52.3 do not apply to proceedings where the notice of appeal was filed before 1st October 2008 and rule 52.3 in force immediately before that date will continue to apply to those proceedings as if that rule had not been amended.

Section 6.1 Part 6 rules about service apply generally

This Part applies to the service of documents, except where—

(a) another Part, any other enactment or a practice direction makes different provision; or

(b) the court orders otherwise.

(Other Parts, for example, Part 54 (Judicial Review) and Part 55 (Possession Claims) contain specific provisions about service.)

Section 6.2 Interpretation

In this Part—

(a) “ bank holiday ” means a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where service is to take place;

(b) “ business day ” means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day;

(c) “ claim ” includes petition and any application made before action or to commence proceedings and “claim form”, “claimant” and “defendant” are to be construed accordingly; and

(d) “ solicitor ” includes other authorised litigators within the meaning of the Courts and Legal Services Act 1990 .

Section 6.3 Methods of service

(1) A claim form may be served by any of the following methods—

(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction A supplementing this Part;

(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

(d) fax or other means of electronic communication in accordance with Practice Direction A supplementing this Part; or

(e) any method authorised by the court under rule 6.15.

(2) A company may be served—

(a) by any method permitted under this Part; or

(b) by any of the methods of service set out in the Companies Act 1985 or the Companies Act 2006 .

(3) A limited liability partnership may be served—

(a) by any method permitted under this Part; or

(b) by any of the methods of service set out in section 725 of the Companies Act 1985.

Section 6.4 Who is to serve the claim form

(1) The court will serve the claim form except where—

(a) a rule or practice direction provides that the claimant must serve it;

(b) the claimant notifies the court that the claimant wishes to serve it; or

(c) the court orders or directs otherwise.

(2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.

(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.

(4) Where the court has sent—

(a) a notification of outcome of postal service to the claimant in accordance with rule 6.18; or

(b) a notification of non-service by a bailiff in accordance with rule 6.19,

the court will not try to serve the claim form again.

Section 6.5 Personal service

(1) Where required by another Part, any other enactment, a practice direction or a court order, a claim form must be served personally.

(2) In other cases, a claim form may be served personally except—

(a) where rule 6.7 applies; or

(b) in any proceedings against the Crown.

(Part 54 contains provisions about judicial review claims and Part 66 contains provisions about Crown proceedings.)

(3) A claim form is served personally on—

(a) an individual by leaving it with that individual;

(b) a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or

(c) a partnership (where partners are being sued in the name of their firm) by leaving it with—

(i) a partner; or

(ii) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

(Practice Direction A supplementing this Part sets out the meaning of “senior position”.)

Section 6.6 Where to serve the claim form – general provisions

(1) The claim form must be served within the jurisdiction except where rule 6.11 applies or as provided by Section IV of this Part.

(2) The claimant must include in the claim form an address at which the defendant may be served. That address must include a full postcode, unless the court orders otherwise.

(Paragraph 2.4 of the practice direction supplementing Part 16 contains provisions about postcodes.)

(3) Paragraph (2) does not apply where an order made by the court under rule 6.15 (service by an alternative method or at an alternative place) specifies the place or method of service of the claim form.