The Civil Procedure (Amendment No. 2) Rules 2017

• Citation: S.I. 2017/889
• Sections: 11

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Civil Procedure (Amendment No. 2) Rules 2017 and come into force on 1st October 2017.

(2) In these Rules, a reference to a Part or Rule by number alone means the Part or Rule so numbered in the Civil Procedure Rules 1998 .

Section 2 Amendments to the Civil Procedure Rules 1998

The Civil Procedure Rules 1998 are amended in accordance with Rules 3 to 11 of these Rules.

Section 3 Amendment of Part 3

In rule 3.1—

(a) after paragraph (2)(b) insert—

(bb) require that any proceedings in the High Court be heard by a Divisional Court of the High Court;

(b) after paragraph (3) insert—

(3A) Where the court has made a direction in accordance with paragraph (2)(bb) the proceedings shall be heard by a Divisional Court of the High Court and not by a single judge.

Section 4 Amendment of Part 30

In Rule 30.8(4), for “Mercantile Court” substitute “Circuit Commercial Court”.

Section 5 Amendment of Part 47

In Rule 47.6—

(a) in paragraph (1)—

(i) for sub-paragraph (b) substitute—

(b) a copy or copies of the bill of costs, as required by Practice Direction 47; and

(ii) in sub-paragraph (c), for “if a costs management order has been made,” substitute “if required by Practice Direction 47,”; and

(b) in paragraph (2), for “if a costs management order has been made,” substitute “if required by Practice Direction 47,”.

Section 6 Amendment of Part 52

In Rule 52—

(a) in Rule 52.3(1)(a)(iii), after “the Children Act 1989” insert “or section 119 of the Social Services and Well-being (Wales) Act 2014 ”; and

(b) in Rule 52.4—

(i) in paragraph (1), after “oral hearing”, for “except” substitute “unless the court otherwise directs, or”; and

(ii) in paragraph (4), for “Mercantile” substitute “Circuit Commercial”.

Section 7 Amendment of Part 59

(1) In the heading to Part 59, for “MERCANTILE COURTS” substitute “CIRCUIT COMMERCIAL COURTS”.

(2) In Part 59—

(a) for “Mercantile Court”, in each place it appears, substitute “Circuit Commercial Court”;

(b) for “mercantile claim”, in each place it appears, substitute “Circuit Commercial claim”;

(c) for “mercantile claims”, in each place it appears, substitute “Circuit Commercial claims”; and

(d) for “Mercantile judge”, in each place it appears, substitute “Circuit Commercial judge”.

(3) In Rule 59.1—

(a) in paragraph (1) for “Mercantile Courts” substitute “Circuit Commercial Courts”; and

(b) in paragraph (2)(b) substitute—

(b) is not required to proceed in another specialist list of the Business and Property Courts.

Section 8 Amendment of Part 61

In Rule 61.2(3)—

(a) in sub-paragraph (b), for “Mercantile Court” substitute “Circuit Commercial Court” and

(b) in sub-paragraph (c), for “Mercantile list” substitute “Circuit Commercial list”.

Section 9 Amendment of Part 62

In Rule 62.1(3), for “Mercantile Court”, in both places it appears, substitute “Circuit Commercial Court”.

Section 10 Amendment of Part 78

(1) For Rule 78.5(1)(a) and (b), substitute—

(a) the EOP application will be treated as if it had been started as a claim under Part 7 if –

(i) the claimant has requested under article 7 of the EOP Regulation that such a transfer be made in the event of opposition;

(ii) the claimant has requested that the claim be transferred to the ESCP procedure in the event of opposition, but the claim does not fall within the scope of the ESCP Regulation; or

(iii) the claimant has not specified a preferred procedure in the event of opposition; and

(b) the EOP application will be treated as if it had been started under the ESCP Regulation if—

(i) the claimant has requested under article 7 of the EOP Regulation that such a transfer be made in the event of opposition; and

(ii) the claim is within the scope of the ESCP Regulation.

(2) After Rule 78.5, insert—

Procedure where EOP application treated as if started as a claim under Part 7

(78.5A)

(1) Where the EOP application is treated as if it had been started as a claim under Part 7, pursuant to Rule 78.5(1)(a)—

(a) the EOP application form A will be treated as a Part 7 claim form including particulars of claim; and

(b) thereafter, these Rules apply with necessary modifications and subject to this rule and rules 78.6 and 78.7.

(2) When the court notifies the claimant in accordance with article 17(3) of the EOP Regulation the court will also—

(a) notify the claimant—

(i) that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and

(ii) of the time within which the defendant must respond under Rule 78.6; and

(b) notify the defendant—

(i) that a statement of opposition has been received;

(ii) that the application will not continue under Part 78;

(iii) that the application has been transferred under article 17 of the EOP Regulation;

(iv) that the EOP application form A is now treated as a Part 7 claim form including particulars of claim; and

(v) of the time within which the defendant must respond under Rule 78.6.

Procedure where EOP application treated as if started as a claim under the ESCP Regulation

(78.5B)

(1) Where an EOP application is treated as if it had been started as a claim under the ESCP Regulation pursuant to Rule 78.5(1)(b)—

(a) the EOP application form A will be treated as an ESCP claim form; and

(b) thereafter, these Rules apply subject to the ESCP Regulation and the modifications in paragraph (2).

(2) When the court notifies the claimant of the transfer in accordance with article 17(5) of the EOP Regulation the court will also—

(a) notify the claimant—

(i) that the EOP application form A is now treated as ESCP claim form; and

(ii) of the time within which the defendant must respond under article 5 of the ESCP Regulation; and

(b) notify the defendant—

(i) that a statement of opposition has been received;

(ii) that the application has been transferred under article 17 of the EOP Regulation;

(iii) that the EOP application form A is now treated as an ESCP claim form A; and

(iv) of the time within which the defendant must respond under article 5 of the ESCP Regulation.

(3) In the heading to Rule 78.6, for “transferred under article 17 of the EOP Regulation”, substitute “treated as if started as a claim under Part 7”.

(4) In Rule 78.6(1), for “78.5(2)(b)” substitute “78.5A(2)(b)”.

(5) In the heading to Rule 78.7, after “Default judgment”, insert “where an EOP application is treated as if started as a claim under Part 7”.

(6) For Rule 78.12(2)(a), substitute—

(a) ‘ESCP Regulation’ means Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European small claims procedure, as amended by Regulation EU 2421/2015 of 16 December 2015;

(A copy of the amended ESCP Regulation can be found at Annex 2A. The relevant forms can be found at the end of the previous version of the ESCP Regulation at Annex 2B.)

Section 11 Amendment of Part 83

(1) In Rule 83.9—

(a) in paragraph (5), for “The” substitute “Subject to paragraph (5A), the”; and

(b) after paragraph (5) insert—

(5A) Where a request is made for a writ of possession to enforce a notice under section 33D of the Immigration Act 2014 (termination of agreement where all occupiers disqualified), a copy of that notice must be filed with the request instead of the judgment or order required by paragraph (5)(a)(i).

(2) In Rule 83.13(2), after “any land” insert “, or to enforce a notice under section 33D of the Immigration Act 2014,”.