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NOTES TO ACCOMPANY SEPTEMBER 2003 33rd SUPPLEMENT
Introduction
The 33rd update of the Civil Procedure Rules introduces the following new rules in the Civil Procedure Rules 1998:
| Section III of Part 34, sets out the procedure for requesting evidence to be taken in a Member State of the European Union to which Council Regulation (EC) No 1206/2001 on co-operation between the courts of the Member States of the European Union in the taking of evidence in civil or commercial matters applies, and for dealing with requests by the courts of Regulation States for evidence to be taken in England and Wales;
| Section II of Part 45, provides that for road traffic accident disputes:
| occurring on or after 6th October 2003;
| where costs-only proceedings are issued under rule 44.12A;
| which are settled for an amount of agreed damages not exceeding £10,000;
only specified fixed costs are recoverable, other than in exceptional circumstances, in
| Section III of Part 52, which sets down the procedure for applications to the Court of Appeal or the High Court to reopen the final determination of an appeal or application for permission to appeal; and
| Section IV of RSC Order 115, which sets down the procedure for the registration in the High Court for enforcement of orders of the International Criminal Court for the payment of fines, forfeitures and reparations.
A number of minor and consequential amendments to the rules and practice directions have been made and certain provisions of the RSC and CCR rules in Schedules 1 and 2 have been revoked.
A full list of the changes is set out below:
Rules
Part 20 | In rule 20.7, after paragraph (2) cross-reference inserted In rule 20.8(1), in sub-paragraph (a), after 'counterclaim', 'against an existing party only' is inserted; in sub-paragraph (b) 'for the party making the Part 20 claim files his defence' replaced by 'the Part 20 claim is issued by the court'.
Part 30 | In rule 30.1, at the beginning, (1) inserted In rule 30.1 after paragraph (1) but before the cross-reference, new sub-paragraph (2) inserted
Part 34 | In Part 34, at the end of the table of contents, new text inserted In rule 34.13 paragraph (1) replaced by new text Rule 34.16 replaced by new text After Section II of Part 34, new Section III 'Taking of Evidence – Member States of the European Union' inserted
Part 43 | In rule 43.2, in sub-paragraph (1)(j) 'Section 1 of' is inserted before 'Part 45'
Part 44 | In rule 44.12A– In paragraph (1), sub-paragraph (c) has been replaced by new text After paragraph (1) new paragraph (1A) inserted In paragraph (4) 'In' has been replaced by 'Except as provided in paragraph (4A), in' After paragraph (4) new paragraph (4A) inserted
Part 45 | Existing table of contents replaced by new table of contents In the heading of rule 45.1, 'Part' replaced by 'Section' In rule 45.1, in each place that it occurred, 'Part' replaced by 'Section Cross-reference following paragraph (1) deleted After rule 45.6, new Section II 'Road Traffic Accidents – Fixed Recoverable Costs In Costs Only Proceedings' inserted
Part 52 | New Section III– 'Provisions about reopening appeals, Reopening of final appeals' inserted.
Part 57 | In rule 57.2, sub-paragraph (3) replaced with new text
Part 70 | In rule 70.5, paragraph (1), In sub paragraph (a), 'or other decision' is inserted after 'money'. In sub-paragraph (b), new text inserted at the end In paragraph (2), at the end of sub-paragraph (a), 'or' is deleted After sub-paragraph (b), '; or (c) any order to which RSC Order 115 applies' inserted After cross-reference following paragraph (2), further cross-reference inserted In paragraph (3), 'the award' replaced by 'an award of a sum of money' Paragraph 8 replaced with new text
Schedules
Schedule 1
RSC Order 91 | Revoked
RSC Order 115 | After Part III, new Part IV 'International Criminal Court Act 2001: fines, forfeitures and reparation orders' inserted
Schedule 2
CCR Order 4 | Rule 3 revoked
CCR Order 48D | Revoked
CCR Order 49 | Rules 4A, 5 and 18B revoked
Practice Directions
Practice Direction 2 | In paragraph 2.1(2), 'Principal Probate Registry' replaced by 'Principal Registry of the Family Division' Postcode changed from 'WC1A 6HA' to 'WC1V 6NP'
Practice Direction 2B | In paragraph 5.1, sub-paragraph (g) replaced by new text
Practice Direction 5B | This Practice Direction has been replaced by new text
Practice Direction 6 | In paragraph 2.2, 'unless the contrary is proved' has been deleted
Practice Direction 21 | Existing paragraph 6.4 has been re-numbered as 6.5 New paragraph 6.4 has been inserted after paragraph 6.3
Practice Direction 22 | In paragraph 1.1, sub-paragraph (6) deleted Paragraph 1.4 has been replaced by new text
Practice Direction 27 | Paragraphs 5.1–5.8 replaced by new paragraphs 5.1–5.5
Practice Direction 27B | This Practice Direction has been withdrawn, owing to expiry
Practice Direction 29 | New paragraph 3A inserted after paragraph 3
Practice Direction 30 | New paragraphs 8.1–8.8 inserted
Practice Direction 33B | This Practice Direction has been deleted
Practice Direction 34 | In the heading of paragraph 5, at the end, new text inserted '(where the Taking of Evidence Regulation does not apply)' In paragraph 5.3, sub-paragraph (4) replaced by new text In paragraph 5.3, at the end of sub-paragraph (5), 'and' deleted In paragraph 5.3, sub-paragraph (6) deleted At the end of paragraph 5.3, new sentence inserted. In the heading of paragraph 6, at the end, new text inserted In paragraph 6.7, the words in brackets have been deleted After paragraph 6, new paragraphs 7–11 inserted Existing heading for Annex A replaced with new heading Existing Annex B has been replaced by new Annex B 'Taking of Evidence Regulation'
Practice Direction 39 | Paragraph 6.1 replaced by new text In paragraph 6.3 and in paragraph 6.4, the words 'trial or' have been deleted
Practice Direction 40C | Existing Practice Direction replaced by new text
Practice Directions 43–48 (Costs Practice Direction) | Paragraph 5.13 replaced by new text At the end of the directions relating to Part 45, new section 25A inserted
Practice Direction 52 | Existing paragraph 1.1 replaced by new text Paragraphs 8.1–8.10 replaced by new text (paragraphs 8.1–8.14) In paragraph 20.3, in the table headed 'Appeals to the High Court', new entry inserted below 'the Land Registration Act 1925', i.e. 'Land Registration Act 2002 23.2, 23.8B' In paragraph 23.2 (9), 'and' deleted After 23.2 (10), new sub-paragraphs (11)–(17) inserted After 23.8(A), new sub-paragraph 23.8 (B) 'Appeal against a decision of the adjudicator under section III of the Land Registration Act 2002' inserted New Section IV 'Provisions About Reopening Appeals' inserted
Practice Direction 55 | Paragraph 5.5 deleted
Practice Direction 56 | New paragraph 13.6 inserted
Practice Direction 70 | In the title of the Practice Direction, 'for the payment of money' deleted Paragraph 5 replaced by new text (including title of Paragraph 5)
Practice Direction 73 | In paragraph 4.3(4), 'so far as is known' replaced by 'so far as the claimant is able to identify' After paragraph 4.3(5) new sub-paragraphs (6) and (7) inserted After paragraph 4.3 new paragraph 4.4 inserted Existing paragraph 4.4 renumbered as 4.5
Protocols
Disease and Illness Protocol | Coming into force 8th December 2003 Publication September 2003
Housing Disrepair Protocol | Coming into force 8th December 2003 Publication September 2003
Other Practice Directions
Schedule 1 RSC Order 91 PD | This Practice Direction has been removed.
Proceeds of Crime Act 2002 Civil Recovery Practice Direction | In paragraph 2.1, 'made to' replaced by 'issued in' After paragraph 2.1, new paragraph 2.2. inserted
Protocols Practice Direction | At the end of the table in paragraph 5.1, details of new protocols on 'Disease and Illness' and 'Housing Disrepair' inserted.
Coming into force
All rule changes come into force on 6th October, with the exception of :
| Part 34 changes on 1st January 2004
| Part 20 changes on 1st April 2004
| PD27b expired on 21st February and has therefore been withdrawn in this update
All PD changes come into force, as follows:
6th October
PD2
PD6
PD21, PD27, PD29, PD30, PD39, PD40C, Costs PD, PD52 (all changes save those relating to the Land Registration Act 2002 - see below), PD56, PD70
Revocation of PD RSC O.91
Proceeds of Crime Act 2002 Civil Recovery PD
PD5B
13th October
PD2B
Revocation of PD33B
PD52 (Paragraphs relating to the Land Registration Act 2002; i.e. 23.2 sub-paragraph 17 and 23B)
PD55
8th December
PD22
PD73
Protocols PD and new protocols
1st January 2004
PD34

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