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Family Law

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Court of Protection Practice and Procedure Conference 2016

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14 AUG 2013

The Civil Procedure (Amendment No.7) Rules 2013 & 66th PD Update



These Rules may be cited as the Civil Procedure (Amendment No.7) Rules 2013. These Rules shall come into force on 1st October 2013 and make the following amendments to the Civil Procedure Rules 1998 (CPR)-

amendments to Part 45 (fixed costs) and Part 63 (intellectual property claims) in consequence of the abolition of the Patents County Court and to give effect to its reconstitution as a specialist list of the Chancery Division, to be named the "Intellectual Property Enterprise Court". Rule 30 of these Rules includes transitional and savings provisions in this regard;an amendment to rule 47.15(5) to clarify the costs that may be awarded in respect of provisional assessment;

a series of amendments in consequence of the introduction of new rules and, in particular, on costs, introduced by the Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262):

  • rule 3.1(2) is amended in consequence of the introduction of costs budgets;
  • rules 7.2, 8.2, 8.3, 15.6 and 16.2 are amended in consequence of the reforms in relation to funding arrangements;
  • rules 15.8, 63.8(1) and 62.7(1) are amended in consequence of the introduction of directions questionnaires;
  • rule 29.8 and 63.8(2) are amended in consequence of changes in relation to timetabling and the steps following allocation to multi-track;
  • rules 3.7, 3.7B, 21.1, 25.14, 28.2, 36.1, 36.10, 36.14(6) (in the signpost to that rule), 38.6, 38.8, 39.4, 40.18, 44.9, 52.1, 55.9, 63.26, 67.1, 67.3 and RSC Order 17 rule 8 are amended to update cross-references;

a series of minor amendments:

  • rule 21.12 is amended to correct an incorrect cross-reference;
  • rule 31.5 is amended to correct an incorrect heading;
  • rules 36.14(2)(a) and 46.6(4) are amended to make them gender neutral;
  • rules 45.18(6) and 45.31(5) are amended to take out duplicate definitions;

    The amendments to the Rules come into force on 1st October 2013, but there are amendments to PD3E Costs Management, PD51I The Second Mediation Service Pilot Scheme, and PD 75 Traffic Enforcement which come into force on 1st , 29th and 2nd September respectively. Please note the transitional provisions in respect of the establishment of the Intellectual Property Enterprise Court as set out in the Statutory Instrument.

    PD3E Costs Management

    A revised Precedent H is substituted.

    PD19B Group Litigation

    Minor amendments are made to rules governing Group Litigation Orders, to ensure consistency.

    PD21 Children and Protected Parties

    Amendments are made to the monetary level at which damages funds are administered by a deputy appointed by the Court of Protection (COP). Currently if the damages awarded to a protected party are £30,000 or less the sum may be retained in court and invested in the same way as the fund of a child. The increase to £50,000 is coupled with a provision that allows District Judges and Masters to ask the COP to sanction a higher sum to remain in the Court's control.

    Part 45 and PD45 - Fixed Costs

    An amendment is made to Rule 45.29E Table D, to correct a typographical error. Further amendments are made as a consequence of the reconstitution of the Patents County Court and the amendment of scale costs for proceedings in the Intellectual Property Enterprise Court.

    Part 47 Procedure for Assessment of Costs and Default Provisions

    A modification is made to clarify the amount of costs that may be recovered for matters that do not go beyond provisional assessment of costs, and whether that amount includes court fees and VAT.

    PD51I The Second Mediation Service Pilot Scheme

    The pilot scheme is extended for a further period up until 31 March 2014.

    PD52B Appeals in the County Courts and High Court

    Amendments are made to correct terminology and to make corrections to the table identifying appeal centres.

    PD52C Appeals to the Court of Appeal

    Amendments are made to provide for the filing of skeleton arguments and lodging and filing of other documents related to appeals.

    PD52D Statutory Appeals and Appeals subject to special provision

    Amendments are made to allow for appeals against decisions of the Solicitors Disciplinary Tribunal to be made from when the statement of reasons for a decision is given rather than the decision itself.

    Part 63 and PD63 Intellectual Property

    Amendments are made following provisions in the Crime and Courts Act 2013 to reconstitute the Patents County Court as a free-standing specialist list in the Chancery Division, to be called the Intellectual Property Enterprise Court. Amendments to scale costs in the Intellectual Property Enterprise Court are set out in PD 45. Consequential amendments are made to PD30 Transfer.

    Part 68 and PD68 References to the European Court

    Amendments are made to the procedure for requests for preliminary rulings to accommodate changes set out in the Rules of Procedure of the European Court.

    Further aamendments are made to reflect changes to the EU treaties; the coming into force of the Treaty on European Union and the Treaty on the Functioning of the European Union; changes to the rules and procedures of the European Court; and the European Courts updated guidance to national courts.

    PD75 Traffic Enforcement

    Amendments are made to provide for the civil enforcement of the non-payment of charges arising under road user charging schemes made under Part 3 of the Transport Act 2000.

    Other amendments

    Amendments are made throughout the rules, practice directions and pre-action protocols to update cross references, remove duplication or redundant wording, correct typographical errors and ensure the rules are gender neutral. Amendments are made to: Parts 3, 7, 8, 15, 16, 21, 25, 28, 29,31,36, 38, 39, 40, 42, 44,45, 46, 52, 55, 62, 63, 67, RSC O.17, Practice Directions 2B, 4, 6A, 6B, 7A, 7B, 8A, 8B,10, 15, 16, 18, 19B, 23A, 24, 26, 27, 28, 29, 40B, 42, 46, 47, 51A, 52A, 64A, 67, 69, Pre-Action Conduct and the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims.


    Precedent H is amended.

  • rules 45.29E, 45.29H(3), 45.38(3)(a)(ii) and 46.7(1)(a) are amended to correct typographical errors;
  • rule 42.2 is amended to remove the redundant words in the second set of parentheses after paragraph (6);

- the replacement of Part 68 - References to the European Court, to take account of changes to the EU Treaties, the new European Court Procedure Rules and updated guidance from the European Court to national courts: "Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings".

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