CPR: 46th update

Resource type: Legal update: archive

Status: Published on 08-Jan-2008

Jurisdictions: England, Wales

The Civil Proceedings (Amendment No 2) Rules 2007 (SI 2007/3543) introduce minor changes to the CPR. Rules 1-2 (Citation, commencement etc), 9 (amending CPR 75) and 13 (transitional) will come into force on 31 March 2008. The remaining rules will come into force on 6 April 2008. Note in particular:
  • The Civil Proceedings Fees (Amendment) (No. 2) Order 2007 introduced hearing fees, and the possibility of partial remission from court fees (see Legal update, Civil court fees to be changed from 1 October 2007). CPR 3.7 is now amended to include failure to pay hearing fees as a situation in which the court may impose the sanction of strike out, and to include reference to "full or part remission" of court fees (rule 3). Rule 3.7A (proceedings which continue on the counterclaim only) is amended to clarify the sanctions that will apply for non-payment of certain court fees (rule 4).
  • Section 141 of the Tribunals, Courts and Enforcement Act 2007 amended section 31 of the Supreme Court Act 1981 so as to enable the High Court in judicial review proceedings to substitute its own decision for the decision of the original decision-maker in certain circumstances. Amendments to CPR 54.19 are introduced to reflect this (rule 7).
  • Minor corrections are made to CPR 19 (Parties and group litigation) (rule 5).
A helpful explanatory note is available on the OPSI website.

In addition, the CPR Practice Directions are amended from various dates; note in particular the new table in PD52 (Appeals), in force on 14th January 2008. Details are available on the Ministry of Justice website.
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  • Resource ID: 1-380-0615
  • Published: 08-Jan-2008
  • Products:  PLC UK Dispute Resolution, PLC UK Public Sector
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