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Notes to Accompany February 2001 22nd Supplement
Amendments to existing material are included as follows:
Rules
Part 6 | rule 6.24(1)(ii)(Method of Service - General Provisions) substitute rule 6.27 for rule 6.26
Part 8 | delete rule 8.2A (1) and (2) and insert new (1) and (2) (Issue of claim form without naming defendants)
Part 10 | add new sentence in brackets at end of rule 10.5 (Contents of Acknowledgement of Service)
Part 17 | delete rule 17.4(1)(a)(iii) and (iv) and insert new (iii). delete Rule 19.4 and substitute Rule 19.5 in wording in brackets at end of 17.4 (Amendments to statements of case after the end of a relevant limitation period)
Part 19 | delete rule 19.5(1)(c) and (d) and substitute new (c) (Special provisions about adding or substituting parties after the end of a relevant limitation period) insert new rule 19.5A (Special rules about parties in claims for wrongful interference with goods) insert new rule 19.8A (Power to make judgements binding on non-parties)
Part 32 | rule 32.13(1) delete wording after word 'inspection' and substitute new wording (Availability of witness statements for inspection)
Part 40 | insert new rule 40.20 with heading 'III Declaratory Judgements'
Part 43 | rule 43.2(1)(k)(i) insert additional wording after the word 'agreement' Amend wording in brackets following 43.2(1)(o) (Definitions and application)
Part 44 | rule 44.16 add additional wording to wording in brackets) (Adjournment where legal representative seeks to challenge disallowance of any amount of percentage increase)
Part 48 | rule 48.8 delete (1) and substitute new (1), (3) and (4) (Basis of detailed assessment of solicitor and client costs) Delete rule 48.9 (Conditional fees)
RSC Order 15 | delete rule 13A (Notice of claim to non-parties) and rule 16 (Declaratory judgment)
RSC Order 79 | rule 9 amend wording in paras (6)(b), (8)(b) and (10)(b) (Bail)
RSC Order 95 | rule 2 insert additional wording in para (3) (Entry of Satisfaction)
RSC Order 109 | rule 4 amend wording in para (5) (Release of Appellant on bail by the Court of Appeal)
RSC Order 112 | amend heading 'Application for use of blood tests in determining paternity' Amend wording in rule1, rule 2(1), rule 3(b), rule 4, rule 5, and rule 6
RSC Order 116 | amend wording in rule 10 para 14(a) (Determination of the application)
CCR Order 27 | amend wording in rule 4 para (1)(b) (Mode of Applying) amend wording in rule 10 para (3) (Contents and service of order)
CCR Order 47 | amend wording in rule 5 paras (1), (2). (3), (4)(b), (5) and (6) (Family Law Reform Act 1969)
CCR Order 49 | rule 1 para (7) delete wording after word 'judge' (Access to Neighbouring Land Act 1992
Practice Directions
Part 2B | insert new para 15 (Race Relations) para 10.1 reference to para 9.13 should be to para 8.13 para 12 reference to para 8 should be to para 7
Part 3 | para 7.10 reference should be to para 7.9 not para
Part 5 | para 5.5 reference should be to para 5.6 below not para 5.5 below para 5.6(2) reference should be to para 5.6(8)(a) not para 5.5(8)(a)
Part 8B | Table 1 reference should be to RSC O 106 r8 not RSC O 106 r8(1) para B14 reference in explanatory note should be to para 10.1(1) not para 10(1) para B14 in explanatory note reference should be Case Management preliminary stage practice direction and not Case Management preliminary stages practice direction
Part 16 | insert new para 10.3 after para 10.2 (General)
Part 18 | para 5.8(2) reference should be to rule 44.13(1) and not 43.5(5)
Part 23 | insert new paras 11A.1, 11A.2, 11A.3 and 11A.4 (Applications to stay claim where related criminal proceedings) after para 11.2
Part 25 | para 1.1 Footnote 1 reference to Rule 25.1(1)(g) should be to Rule 25.1(1)(h)
Part 31 | para 4.4 reference to rule 31 should be to part 31
Part 32 | para 1.4 delete Footnote 6
Part 35 | para 2 reference to part 35.9 should be to rule 35.9
Part 36 | para 7.7(3) reference to paras 6.5 and 6.6 should be to paras 5.5 and 5.6
Part 37 | para 3.3 reference to para 8.8 should be to para 7.8
Part 39 | para 1.4a reference should be to European Convention on Human Rights and not European Convention for Human Rights
Part 39B | delete para 2 Para 3.3(2) reference to 'or real urgency' should be to 'of real urgency'
Part 40 | para 9.1 reference to RSC 44 should be to RSC Order 44 para 11 reference to RSC 44 should be to RSC Order 44 Para 12 reference to RSC 44 should be to RSC Order 44
Part 40B | para 9.2 reference to paragraph 8.3 should be to paragraph 9.3 Para 11.2 reference to rule 43.5(5) should be to rule 44.13(1)
Part 48 | para 50.4(2) reference to 'on the basis that is has been' should be to 'on the basis that it has been'
Part 49 | para 16.4 reference to CPR 3.2(e) should be to CPR 3.1(2)(e)
Part 49B | insert additional wording after 'Companies Act 1985' para 1(1) (General)
Part 49F | para 1.11 reference to Rule CPR rule 26.8 should be to rule 26.8
Part 49G | para 2.1 reference to paragraph 22.2 should be to paragraph 2.2 Para 34.4(2) reference to paragraph 3(1)(c)(i) of the said rule 3 should be to paragraph (1)(c)(i) of the said rule 3
Part 52 | add additional wording to title Appeals from Social Security Commissioners insert additional wording after word 'under' in para 21.5 insert additional wording at the end of para 22.3(2) (Appeal where court's decision is final) para 22.8(3)(a) reference to para (3)(b)(I) should be to para 2(b)(i) para 23.4(1)(b)(i) reference to 'that the defendant' should be to 'than the defendant' table following para 20.3 reference to 'Agriculture Land Tribunal' should be to 'Agricultural Land Tribunal' and 'Pension Act 1995' should be 'Pensions Act 1995'
Other Practice Directions
Insolvency Proceedings | add new wording at end of para 1.1(1) and insert new para 1.1(6) (Part One - General) para 13.4 reference to 'affadavit' should be to 'affidavit'
Directors Disqualification | amended to take account of the Limited Liability Partnerships Regulations 2001 and the Insolvency Act 2000
Protocols Practice Direction
General | para 1.2 reference to the words 'specified in the Schedule to this Practice Direction' should be replaced with the words 'set out in para 5.1'
Forms
N210 | form and corresponding notes for defendant Form)
N208C | N208C revised )
EX80A | form previously in former Schedule of Costs Forms but now reproduced in Forms section
Coming into Force
Rules
The following come into force on 26 March 2001:
| Amendments to rules 6.24, 8.2A, 17.4, 19.5, 32.13, 43.2, 44.16, 48.8, 48.9 and Part 10
| New rules 19.5A, 19.8A and 40.20
| The omission of rule 48.9 and RSC Order 15, rules 13A and 16
The following come into force on the date of entry into force of s. 90 of the Access to Justice Act 1999 (anticipated to be 1 April 2001):
| Amendments to RSC Orders 79, 109 and 116 and to CCR Order 27
The following come into force on the date of entry into force of s. 23 of the Family Law Reform Act 1987 (anticipated to be 2 April 2001):
| Amendments to RSC Order 112 and CCR Order 47
Practice directions
The following come into force on the date of entry into force of s.1 of the Race Relations (Amendment) Act 2000 (anticipated to be 2 April 2001):
| Amendment to PD 2B
The following come into force on the date of entry into force of s. 6 of the Insolvency Act 2000 (anticipated to be 2 April 2001):
| Amendments to Directors Disqualification Proceedings Practice Direction so far as they relate to disqualification undertakings
The following come into force on the date of entry into force of the Limited Liability Partnerships Regulations 2001 (anticipated to be 6 April 2001):
| Amendments to Insolvency Proceedings and Applications under the Companies Act 1985 and Insurance Companies Act 1982 Practice Directions
| Amendments to Directors Disqualification Proceedings Practice Direction so far as they relate to limited liability partnerships
Forms
Changes to Forms N210, N208C and EX80A come into force on 19 March 2001 All other amendments come in to force on 26 March 2001

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