The Civil Procedure (Amendment No.2) Rules 2009

• Citation: S.I. 2009/3390
• Sections: 57

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2009.

(2) Except as provided in paragraphs (3), (4) and (5), these Rules come into force on 6th April 2010.

(3) Rules 3(a), 5(a) and 26(c) of these Rules come into force on 1st February 2010.

(4) Rules 28(d) and 29(a) and (c) of these Rules comes into force on 15th February 2010.

(5) Rules 3(b) and 6(f) of these Rules comes into force on 1st April 2010.

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 ; and

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

Section 3 Amendments to the Civil Procedure Rules 1998

In Part 2—

(a) in rule 2.3(1), for the definition of “legal representative” substitute—

“legal representative” means a—

(a) barrister;

(b) solicitor;

(c) solicitor’s employee;

(d) manager of a body recognised under section 9 of the Administration of Justice Act 1985 ; or

(e) person who, for the purposes of the Legal Services Act 2007 , is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act),

who has been instructed to act for a party in relation to proceedings;

(b) in rule 2.8(5), for “When the period specified—” substitute “Subject to the provisions of Practice Direction 5C, when the period specified—”

Section 4 Amendments to the Civil Procedure Rules 1998

In Part 5—

(a) in the parenthesis below rule 5.4(2), for “The practice direction” substitute “Practice Direction 5A”;

(b) in rule 5.4B(1), for “the Practice Direction” substitute “Practice Direction 5A”; and

(c) in the parenthesis below rule 5.4C(1A), for “The Practice Direction to this Part” substitute “Practice Direction 5A”.

Section 5 Amendments to the Civil Procedure Rules 1998

In Part 6—

(a) in rule 6.2, for sub-paragraph (d) substitute—

(d) “solicitor” includes any other person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act).

(b) in—

(i) rules 6.3(1)(b), 6.3(1)(d), 6.20(1)(b), 6.20(1)(d), 6.23(5) and 6.23(6); and

(ii) the parenthesis below rules 6.5(3) and 6.26,

for “Practice Direction A supplementing this Part” substitute “Practice Direction 6A”;

(c) in rule 6.6(1), after “rule” insert “6.7(2) or”;

(d) for rule 6.7 substitute—

Service of the claim form on a solicitor within the jurisdiction or in any EEA state

(6.7)

(1) Subject to rule 6.5(1), where—

(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or

(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,

the claim form must be served at the business address of that solicitor.

(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)

(2) Subject to rule 6.5(1) and the provisions of Section IV of this Part, where—

(a) the defendant has given in writing the business address within any EEA state of a solicitor as an address at which the defendant may be served with the claim form; or

(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any EEA state,

the claim form must be served at the business address of that solicitor.

(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)

(e) in the parenthesis below rule 6.10(b), for “The practice direction supplementing Part 66” substitute “Practice Direction 66”;

(f) in rule 6.23(2)(a)—

(i) after “address” insert “either”; and

(ii) after “United Kingdom” insert “or any other EEA state”;

(g) in—

(i) rules 6.35(5), 6.36, 6.37(1)(a), 6.37(2), 6.42(3) and 6.43(2)(c);

(ii) the parenthesis below rules 6.37(5) and 6.42(3); and

(iii) the first parenthesis below rule 6.41,

for “Practice Direction B supplementing this Part” substitute “Practice Direction 6B”; and

(h) in the parenthesis below rules 6.6(2) and 6.23(1), for “the practice direction supplementing Part 16” substitute “Practice Direction 16”.

Section 6 Amendments to the Civil Procedure Rules 1998

In Part 7—

(a) in rule 7.1, for “the relevant practice direction” substitute “the relevant practice directions supplementing this Part”;

(b) in the third parenthesis below rule 7.2(2), for “costs practice direction” substitute “Costs Practice Direction”;

(c) in rule 7.2A, for “The practice direction supplementing this Part” substitute “Practice Direction 7A”;

(d) in rule 7.4(3)—

(i) in sub-paragraph (a), for “the Practice Direction (Production Centre) supplementing Part 7” substitute “Practice Direction 7C”; and

(ii) in sub-paragraph (b), for “the Practice Direction (Money Claim Online) supplementing Part 7” substitute “Practice Direction 7E”;

(e) in rules 7.10(2) and 7.10(3), for “The relevant practice direction” substitute “Practice Direction 7C”; and

(f) after rule 7.12 insert—

(Practice Direction 5C deals with electronic issue of claims started or continued under the Electronic Working scheme.)

Section 7 Amendments to the Civil Procedure Rules 1998

In—

(a) the third parenthesis below rule 8.2; and

(b) the first parenthesis below rule 8.3,

for “costs practice direction” substitute “Costs Practice Direction”.

Section 8 Amendments to the Civil Procedure Rules 1998

Omit the parenthesis below rule 9.2(c).

Section 9 Amendments to the Civil Procedure Rules 1998

In rule 10.3(2)(c), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”.

Section 10 Amendments to the Civil Procedure Rules 1998

In rule 14.1A(2), for “the Practice Direction to this Part” substitute “Practice Direction 14”.

Section 11 Amendments to the Civil Procedure Rules 1998

In the second parenthesis below rule 15.6, for “costs practice direction” substitute “Costs Practice Direction”.

Section 12 Amendments to the Civil Procedure Rules 1998

In the second parenthesis below rule 16.2, for “costs practice direction” substitute “Costs Practice Direction”.

Section 13 Amendments to the Civil Procedure Rules 1998

In Part 19—

(a) in the parenthesis below 19.4A, for “A practice direction” substitute “Practice Direction 19A”;

(b) in rule 19.9A(4)(a), for “the practice direction supplementing this rule” substitute “Practice Direction 19C”; and

(c) in the parenthesis below rule 19.11(1), for “The practice direction” substitute “Practice Direction 19B”.

Section 14 Amendments to the Civil Procedure Rules 1998

In rules 27.4(3)(a)(ii), 27.14(2)(b), 27.14(2)(e) and 27.14(2)(f), for “the relevant practice direction” substitute “Practice Direction 27”.

Section 15 Amendments to the Civil Procedure Rules 1998

In Part 30—

(a) in rule 30.1(2), for “The practice direction may make” substitute “Practice Direction 30 makes”; and

(b) in the parenthesis below rule 30.6 omit “(Administrative Court (Venue))”.

Section 16 Amendments to the Civil Procedure Rules 1998

In rules 32.8 and 32.16, for “the relevant practice direction” substitute “Practice Direction 32”.

Section 17 Amendments to the Civil Procedure Rules 1998

In rules 34.7(b), 34.8(6)(b) and 34.22(a), for “the relevant practice direction” substitute “Practice Direction 34A”.

Section 18 Amendments to the Civil Procedure Rules 1998

In—

(a) the parenthesis below rule 35.4(3A); and

(b) rule 35.10(1),

for “practice direction” substitute “Practice Direction”.

Section 19 Amendments to the Civil Procedure Rules 1998

In the parenthesis below rule 36.5(7), for “A practice direction supplementing Part 41” substitute “Practice Direction 41B”.

Section 20 Amendments to the Civil Procedure Rules 1998

In Part 40—

(a) in the parenthesis below rule 40.2(4), for “the Practice Direction supplementing Part 52” substitute “Practice Direction 52”; and

(b) in the parenthesis below rule 40.18, for “practice direction relating to Part 44” substitute “Costs Practice Direction”.

Section 21 Amendments to the Civil Procedure Rules 1998

In rules 41.7, 41.9(2)(b) and 41.10, for “the practice direction” substitute “Practice Direction 41B”.

Section 22 Amendments to the Civil Procedure Rules 1998

In Part 44—

(a) in—

(i) rule 44.3B(1)(d)(i);

(ii) the parenthesis below rules 44.7 and 44.17; and

(iii) the first parenthesis below rule 44.15(3),

for “costs practice direction” substitute “Costs Practice Direction”; and

(b) in rule 44.19(3)(a)(i), for “Practice Direction supplementing this rule” substitute “Costs Practice Direction”.

Section 23 Amendments to the Civil Procedure Rules 1998

In Part 45—

(a) in the parenthesis below rule 45.1(2) for “The practice direction supplementing rule 7.9” substitute “Practice Direction 7B”;

(b) in rule 45.9(2)(a) for “relevant practice direction” substitute “Costs Practice Direction”; and

(c) in the parenthesis below rule 45.23 for “Practice Direction supplementing Part 45” substitute “Costs Practice Direction”.

Section 24 Amendments to the Civil Procedure Rules 1998

In rule 46.3—

(a) in the first parenthesis below paragraph (2A); and

(b) in paragraph (5)(b),

for “costs practice direction” substitute “Costs Practice Direction”.

Section 25 Amendments to the Civil Procedure Rules 1998

In Part 47—

(a) in rules 47.6(2) and 47.11(3); and

(b) in the parenthesis below rules 47.1, 47.3, 47.4(1), 47.6(3), 47.9(3), 47.11(1), 47.12(4), 47.13, 47.14, 47.16(5), 47.19(2),

for “costs practice direction” substitute “Costs Practice Direction”.

Section 26 Amendments to the Civil Procedure Rules 1998

In Part 48—

(a) in—

(i) rule 48.5(3); and

(ii) the parenthesis below rules 48.3(1) and 48.6(3)(c),

for “costs practice direction” substitute “Costs Practice Direction;

(b) in rule 48.6(4)(b), for “practice direction” substitute “Costs Practice Direction”; and

(c) in rule 48.6(6)(b), for “or other authorised litigator (as defined in the Courts and Legal Services Act 1990)” substitute “, manager of a body recognised under section 9 of the Administration of Justice Act 1985 or a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the conduct of litigation (within the meaning of that Act)”.

Section 27 Amendments to the Civil Procedure Rules 1998

In rule 51.1, for “A practice direction shall make” substitute “Practice Direction 51A makes”.

Section 28 Amendments to the Civil Procedure Rules 1998

In Part 52—

(a) in the table of contents, for “Parties to comply with practice direction” substitute “Parties to comply with Practice Direction 52”;

(b) in—

(i) rule 52.2 in the heading; and

(ii) rule 52.17(8),

for “the practice direction” substitute “Practice Direction 52”;

(c) in rules 52.2, 52.3(1)(b) and 52.6(2)(b), for “the relevant practice direction” substitute “Practice Direction 52”; and

(d) in rule 52.7(b), for “Asylum and Immigration Tribunal” substitute “Immigration and Asylum Chamber of the Upper Tribunal”.

Section 29 Amendments to the Civil Procedure Rules 1998

In Part 54—

(a) in the table of contents, omit—

(i) the entry “ III APPLICATIONS FOR STATUTORY REVIEW UNDER SECTION 103A OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002”; and

(ii) the entries relation to rules 54.28 to 54.35;

(b) in rule 54.6(2), for “the relevant practice direction” substitute “Practice Direction 54A”; and

(c) omit Section III.

Section 30 Amendments to the Civil Procedure Rules 1998

In Part 55—

(a) in rule 55.3(3), for “The practice direction” substitute “Practice Direction 55A”;

(b) in rules 55.3(5), 55.13(1)(a), 55.14(2), 55.22(2), 55.22(3)(a), 55.23(1)(c), 55.24(2) and 55.25(3), for “the relevant practice direction” substitute “Practice Direction 55A”; and

(c) in the parenthesis below rule 55.4, for “The relevant practice direction and Part 16” substitute “Part 16 and Practice Direction 55A”.

Section 31 Amendments to the Civil Procedure Rules 1998

In Part 56—

(a) in rule 56.2(3), for “The practice direction” substitute “Practice Direction 56”; and

(b) in the parenthesis below rule 56.3(4), for “The practice direction to this Part” substitute “Practice Direction 56”.

Section 32 Amendments to the Civil Procedure Rules 1998

In Part 57—

(a) in rule 57.4(3), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”;

(b) in—

(i) the parenthesis below rule 57.5(3); and

(ii) rule 57.16(5),

for “the practice direction” substitute “Practice Direction 57”;

(c) in rules 57.12(3) and 57.13(4), for “The practice direction” substitute “Practice Direction 57”;

(d) in rule 57.15(2), for “its practice direction” substitute “Practice Direction 40B”; and

(e) in rule 57.16(4A), for “Practice Direction B supplementing Part 6” substitute “Practice Direction 6B”.

Section 33 Amendments to the Civil Procedure Rules 1998

In Part 58—

(a) in rule 58.1(2), for “its practice direction” substitute “Practice Direction 58”; and

(b) in rule 58.13(3), for “the practice direction” substitute “Practice Direction 58”.

Section 34 Amendments to the Civil Procedure Rules 1998

In Part 59—

(a) in rule 59.1—

(i) in paragraph (3) for “its practice direction” substitute “Practice Direction 59”; and

(ii) in paragraph (3)(a) for “the Practice Direction” substitute “Practice Direction 59”; and

(b) in rule 59.11(3), for “the practice direction” substitute “Practice Direction 59”.

Section 35 Amendments to the Civil Procedure Rules 1998

In Part 60—

(a) in rules 60.1(2), 60.1(2)(b) and 60.1(5)(b)(i), for “its practice direction” substitute “Practice Direction 60”;

(b) in the parenthesis below rule 60.1(3), for “The Practice Direction” substitute “Practice Direction 60”;

(c) in rule 60.4(c), for “the practice direction” substitute “Practice Direction 60”; and

(d) in rule 60.6(2), for—

(i) “its practice direction” substitute Practice Direction 29”; and

(ii) “the practice direction to this Part” substitute “Practice Direction 60”.

Section 36 Amendments to the Civil Procedure Rules 1998

In Part 61—

(a) in rules 61.1(2)(i), 61.3(2), 61.3(5)(a), 61.4(5), 61.4(6)(a), 61.5(3)(b), 61.5(5)(a), 61.7(2), 61.8(2), 61.8(4)(c), 61.8(4)(d)(i), 61.9(3)(a)(i), 61.11(2), 6.11(7), 61.11(9)(a), 61.11(9)(b), 61.11(11)(a) and 61.11(12), for “the practice direction” substitute “Practice Direction 61”; and

(b) in rule 61.5(2) for “The practice direction” substitute “Practice Direction 61”.

Section 37 Amendments to the Civil Procedure Rules 1998

In rules 62.1(2)(f), 62.3(3) and 62.7(4), for “the practice direction” substitute “Practice Direction 62”.

Section 38 Amendments to the Civil Procedure Rules 1998

In Part 63—

(a) in rules 63.1(1)(b)(iv), 63.6, 63.8(3), 63.9, 63.13, 63.13(c), for “the practice direction” substitute “Practice Direction 63”; and

(b) omit rule 63.1(2)(i).

Section 39 Amendments to the Civil Procedure Rules 1998

In Part 64—

(a) in rule 64.1(2), for “its practice directions” substitute “Practice Directions 64A and 64B”; and

(b) in rule 64.6(2), for “the practice direction” substitute “Practice Direction 64A”.

Section 40 Amendments to the Civil Procedure Rules 1998

In Part 65—

(a) in rules 65.3(1), 65.3(2)(a), and 65.14(2), for “the relevant practice direction” substitute “Practice Direction 65”; and

(b) in the parenthesis below rule 65.14(2), for “The relevant practice direction and Part 16” substitute “Part 16 and Practice Direction 65”.

Section 41 Amendments to the Civil Procedure Rules 1998

In Part 67—

(a) in the second parenthesis below rule 67.1 for “The practice direction supplementing Part 52” substitute “Practice Direction 52”; and

(b) in the second parenthesis below rule 67.3(1)—

(i) after “contained in rule 47.4”, for “,” substitute “and”; and

(ii) omit “and the Costs Pilot Scheme Practice Direction supplementing Part 47”.

Section 42 Amendments to the Civil Procedure Rules 1998

In rule 68.2(3), for “the practice direction supplementing this Part” substitute “Practice Direction 68”.

Section 43 Amendments to the Civil Procedure Rules 1998

In Part 69—

(a) in the parenthesis below rules 69.2, 69.6 and 69.8(1), for “The practice direction” substitute “Practice Direction 69”; and

(b) in the parenthesis below rule 69.8(6), for “The practice direction supplementing Part 40” substitute “Practice Direction 40A”.

Section 44 Amendments to the Civil Procedure Rules 1998

In Part 70—

(a) in rule 70.2(1), for “The relevant practice direction” substitute “Practice Direction 70”; and

(b) in rules 70.5(2A)(b), 70.5(5) and 70.5(8), for “the practice direction supplementing this Part” substitute “Practice Direction 70”.

Section 45 Amendments to the Civil Procedure Rules 1998

In rule 71.2(3), for “the relevant practice direction” substitute “Practice Direction 71”.

Section 46 Amendments to the Civil Procedure Rules 1998

In rules 72.3(2)(a) and 72.4(3)(b), for “the relevant practice direction” substitute “Practice Direction 72”.

Section 47 Amendments to the Civil Procedure Rules 1998

In Part 73—

(a) in—

(i) rules 73.3(4)(a) and 73.10(5); and

(ii) in the parenthesis below rule 73.17(2),

for “the relevant practice direction” substitute “Practice Direction 73”; and

(b) in rule 73.22, for “The practice direction supplementing this Part” substitute “Practice Direction 73”.

Section 48 Amendments to the Civil Procedure Rules 1998

In the parenthesis below rule 74.1(5) omit “European Enforcement Orders”.

Section 49 Amendments to the Civil Procedure Rules 1998

In Part 75—

(a) in rules 75.1(1) and 75.5, for “The practice direction supplementing this Part” substitute “Practice Direction 75”; and

(b) in rules 75.1(2)(f) and 75.3(2)(c)(v), for “the practice direction supplementing this Part” substitute “Practice Direction 75”.

Section 50 Amendments to the Civil Procedure Rules 1998

In rules 76.12(3) and 76.16(3), for “the practice direction” substitute “Practice Direction 52”.