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NOTES TO ACCOMPANY FEBRUARY 2003 30th SUPPLEMENT
Introduction
The 30th update of the Civil Procedure Rules introduces Part 63 which governs the procedure for claims for intellectual property rights, in particular patents, registered designs and registered trade marks. This replaces the provisions in Practice Direction 49E from 1 April 2003.
The update also contains a number of PD changes. The most notable changes are:
| a replacement Practice Direction 5B on the pilot scheme for communication and filing of documents by e-mail coming into force on 1 April;
| amendments to Practice Direction 37 providing for the payment of money into court to be sent to the Court Funds Office coming into force on 1 April;
| changes to Practice Direction 52 to take account of changes in appeal procedures for health care professionals coming into force on 1 April;
| a new Practice Direction 63 to supplement the above new part coming into force on 1 April;
| a new Practice Direction on Restraint Orders and appointment of receivers in connection with criminal proceedings and investigations to supplement RSC Order 115 coming into force on 17 February;
| a new Practice Direction on anti-social behaviour which makes provision for an application in existing proceedings in a county court for an order (including an interim order) under the Crime and Disorder Act 1998 by a relevant authority coming into force on 1 April;
| a new Practice Direction containing general provisions about proceedings in the High Court under Parts 5 and 8 of the Proceeds of Crime Act 2002 which will come into force on the commencement of Chapter 2 of Part 5 and Chapter 2 of Part 8 of the Act;
| amendments to the practice direction on protocols to include a number of additional provisions designed to encourage parties to act reasonably in exchanging information and documents at an early stage and generally to seek to settle their dispute without recourse to litigation.
Amendments to existing material are included as follows:
Rules
Part 25 |
Rule 25.13(2) | Existing sub-paragraph (a) replaced by new text. Sub-paragraph (b) omitted.
Part 36 |
Rule 36.6 | Existing paragraph (3) replaced by new text. Paragraph (4) omitted.
Part 37 |
Rule 37.1 | Existing paragraph (1) replaced by new text.
Part 49 |
Rule 49.2 | Sub-paragraph (d) revoked.
Part 56 |
Rule 56.4 | ‘and’ omitted at the end of sub-paragraph (c). New sub-paragraph (e) inserted.
Part 63 | New part inserted on patents and intellectual property claims. These replace Practice Direction 49E.
Practice Directions
Practice Direction 5B | Existing PD replaced by new PD.
Practice Direction 28 | In paragraph 2.1(2) ‘listing questionnaire’ replaced by ‘pre-trial check lists’.
Practice Direction 29 | In paragraph 2.4 ‘listing questionnaire’ replaced by ‘pre-trial check lists’.
Practice Direction 31 | In paragraph 8 the reference to ‘paragraph 27’ replaced by ‘paragraphs 28.1–28.3’.
Practice Direction 36 | Existing paragraph 4.1 replaced by new wording. New paragraph 4.2 inserted. Existing paragraphs 8.1 & 8.3 replaced by new wording.
Practice Direction 37 | Existing paragraphs 1.1 & 1.2 replaced by new wording. Existing paragraph 2.1 replaced by new paragraphs 2.1 and 2.1A. New paragraphs 11.1–11.5 inserted.
Practice Direction 43–48 | In paragraph 3.3 ‘13.6’ replaced by ‘13.5’.
Practice Direction 49E | Revoked (replaced by provisions in Part 63 and accompanying PD).
Practice Direction 52 | New entries inserted in the table in paragraph 20. Title and text of paragraph 22.3 amended.
Practice Direction 55 | New paragraphs 1.7 and 1.8 inserted.
Practice Direction 58 | New paragraph 4.4 inserted.
Practice Direction 60 | New paragraph 5.3 inserted.
Practice Direction 62 | Existing Paragraph 2.3 replaced by new wording. New paragraphs 12.4–12.6 inserted.
Practice Direction 63 | New Practice Direction on ‘Patents and Other Intellectual Property Claims’ inserted to supplement new Part 63 rules.
Practice Direction 75 | New paragraphs 1.1(4), 1.2(5), 1.2(6) inserted. Existing paragraphs 1.3(2)(b) and (c) replaced by new paragraphs 1.3(2)(b), (c) and (d). Existing paragraphs 1.3(3)(c) and (d) replaced by 1.3(3)(c) to (f). Existing paragraphs 3.1 and 4.1 replaced by new text. Existing paragraphs 5.1(2) and (3) replaced by new paragraphs 5.1(2) to 5.1(4).
Other Practice Directions
Schedule 1 |
RSC Order 115 Practice Direction | New Practice Direction inserted on the subject of Restraint orders and the appointment of receivers in connection with criminal proceedings and investigations.
Directors Disqualification | Paragraphs 11.4 & 33.9 amended by replacing ‘listing questionnaires’ with ‘pre-trial check lists (listing questionnaire)’.
Anti-social behaviour | New Practice Direction inserted on bringing applications in a county court for an order under section 1B(4) of the Crime and Disorder Act 1998.
Civil Recovery | New Practice Direction inserted containing general provisions about proceedings in the High Court under Parts 5 and 8 of the Proceeds of Crime Act 2002.
Protocols Practice Direction | New paragraphs 3.3–3.5 inserted. Paragraph 4 re-numbered as 4.1. New paragraphs 4.2–4.10 inserted.
Judicial Review Pre-Action Protocol | Judicial Review Management Unit address amended.
Forms
New forms inserted as follows: |
N242 | Notice of payment into court (under order - Part 37)
N243B | Notice of instruction to Court Funds Office
The following forms are issued to replace existing forms: |
Ex140 | Record of Examination (individual)
Ex141 | Record of Examination (officer, etc)
N211C | Notes for Defendant (CPR Part 20)
N242A | Notice of payment into court (in settlement - Part 36)
N243A/F201 | Notice of acceptance and request for payment (Part 36)
N292 | Order on settlement on behalf of child or patient
Coming into force
All changes come into force on 1 April 2003 with the exception of the following:
| The new Practice Direction on Restraint Orders and Appointment of Receivers in Connection with Criminal Proceedings and Investigations will come into effect on 17 February 2003.
| The amendments to the Part 75 Practice Direction will come into effect on 17 February 2003.
| The Practice Direction on the Proceeds of Crime Act 2002 Parts 5 and 8: Civil Recovery will come into effect on the commencement of Chapter 2 of Part 5 and Chapter 2 of Part 8 of the Proceeds of Crime Act 2002.

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