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Updates to UK Civil Procedure Rules: Practice Direction Amendments 2020, Lecture notes of Civil procedure

University of BedfordshireCivil procedure

The amendments made to various Practice Directions supplementing the Civil Procedure Rules 1998 in the UK. The changes include updates to Practice Directions on allocation of cases, jurisdiction of the county court, statements of case, statements of truth, evidence, general rules about costs, and proceedings under equality enactments. The document also includes transitional provisions for the omission of certain practice directions.

What you will learn

  • What are the key changes to Practice Direction 2B – Allocation of Cases to Levels of Judiciary?
  • What are the new requirements for statements of truth in Practice Direction 22?
  • How does the update to Practice Direction 7E – Money Claims Online affect claimants?

Typology: Lecture notes

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113th UPDATE – PRACTICE DIRECTION AMENDMENTS
The amendments to the Practice Directions supplementing the Civil Procedure Rules
1998 are made by the Master of the Rolls under the powers delegated to him by the
Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional
Reform Act 2005, and are approved by Chris Philp MP, Parliamentary Under-
Secretary of State for Justice, by the authority of the Lord Chancellor.
The amendments to the existing Practice Directions come into force as follows,
subject to the transitional provision made in this update—
Practice Direction 2B – Allocation of Cases to Levels of Judiciary
6 April 2020
Practice Direction 2E – Jurisdiction of the county court that may be
exercised by a legal adviser
31 March
2020
Practice Direction 7E – Money Claims Online
6 April 2020
Practice Direction 16 – Statements of Case
6 April 2020
Practice Direction 22 – Statements of Truth
6 April 2020
Practice Direction 32 – Evidence
6 April 2020
Practice Direction 44 – General Rules About Costs
6 April 2020
Practice Direction 51O – The Electronic Working Pilot Scheme
31 March
2020
Practice Direction 51R – Online Civil Money Claims Pilot
31 March
2020
Practice Direction 51T – The County Court Legal Advisers Pilot
Scheme – Final Charging Orders
31 March
2020
Practice Direction 52A – Appeals
6 April 2020
Practice Direction 52D – Statutory Appeals and Appeals Subject to
Special Provision
6 April 2020
Practice Direction – Proceedings Under Enactments Relating to
Equality
6 April 2020
The Right Honourable Sir Terence Etherton
Master of the Rolls and Head of Civil Justice
Signed by authority of the Lord Chancellor:
Chris Philp MP,
Parliamentary Under Secretary of State, Ministry of Justice
27 January 2020
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113 th UPDATE – PRACTICE DIRECTION AMENDMENTS The amendments to the Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the Rolls under the powers delegated to him by the Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional Reform Act 2005, and are approved by Chris Philp MP, Parliamentary Under- Secretary of State for Justice, by the authority of the Lord Chancellor. The amendments to the existing Practice Directions come into force as follows, subject to the transitional provision made in this update— Practice Direction 2B – Allocation of Cases to Levels of Judiciary 6 April 2020 Practice Direction 2E – Jurisdiction of the county court that may be exercised by a legal adviser 31 March 2020 Practice Direction 7E – Money Claims Online 6 April 2020 Practice Direction 16 – Statements of Case 6 April 2020 Practice Direction 22 – Statements of Truth 6 April 2020 Practice Direction 32 – Evidence 6 April 2020 Practice Direction 44 – General Rules About Costs 6 April 2020 Practice Direction 51O – The Electronic Working Pilot Scheme 31 March 2020 Practice Direction 51R – Online Civil Money Claims Pilot 31 March 2020 Practice Direction 51T – The County Court Legal Advisers Pilot Scheme – Final Charging Orders 31 March 2020 Practice Direction 52A – Appeals 6 April 2020 Practice Direction 52D – Statutory Appeals and Appeals Subject to Special Provision 6 April 2020 Practice Direction – Proceedings Under Enactments Relating to Equality 6 April 2020 The Right Honourable Sir Terence Etherton Master of the Rolls and Head of Civil Justice Signed by authority of the Lord Chancellor: Chris Philp MP, Parliamentary Under Secretary of State, Ministry of Justice 27 January 2020

TRANSITIONAL PROVISION

  1. In relation to the omission of Practice Direction 51T – The County Court Legal Advisers Pilot Scheme – Final Charging Orders, any applications for a final charging order considered by a legal adviser under powers contained in that practice direction before 31st^ March 2020 will continue under Civil Procedure Rules Part 73 as if the application had been considered by a legal adviser under Part 73. PRACTICE DIRECTION 2B – ALLOCATION OF CASES TO LEVELS OF JUDICIARY
  2. Omit paragraph 16 (Appeals) and the entry for that paragraph in the Table of Contents. PRACTICE DIRECTION 2E – JURISDICTION OF THE COUNTY COURT THAT MAY BE EXERCISED BY A LEGAL ADVISER
  3. In paragraph 1.2— a) at the end of sub-paragraph (b)(i), omit “or”; b) at the end of sub-paragraph (b)(ii), for the comma substitute “; or”; and c) after sub-paragraph (b)(ii) insert— “(iii) a Fellow of the Chartered Institute of Legal Executives,”.
  4. In paragraph 3.4, for “must” substitute “may”. PRACTICE DIRECTION 7E – MONEY CLAIMS ONLINE 1) In paragraph 6 .2, for “mcolaos@hmcourts-service.gsi.gov.uk” substitute “ccbc@justice.gov.uk”. PRACTICE DIRECTION 16 – STATEMENTS OF CASE
  5. After paragraph 6.2 insert—
  1. After paragraph 2.3 insert— “ 2.4 The statement of truth must be in the witness’s own language.

2. 5 A statement of truth must be dated with the date on which it was signed.”.

  1. In paragraph 3.8(2), after “to the client” insert “(through an interpreter where necessary)”.
  2. For the heading above paragraph 3A.1 substitute— “ Inability of persons, other than by reason of language alone, to read or sign documents to be verified by a statement of truth”
  3. In paragraph 3A.1, after “the document,” insert “other than by reason of language alone,”. PRACTICE DIRECTION 32 – EVIDENCE
  4. In paragraph 17.2— a) at the end of sub-paragraph (4), omit “and”; b) at the end of sub-paragraph (5), for the full stop substitute “; and”; and c) after sub-paragraph (5) insert— “(6) the date of any translation.”.
  5. In paragraph 18.1— a) in the first sentence, after “own words” insert “and must in any event be drafted in their own language”; b) at the end of sub-paragraph (3), omit “and”; c) at the end of sub-paragraph ( 4 ), for the full stop substitute “; and”; and d) after sub-paragraph (4) insert— “(5) the process by which it has been prepared, for example, face-to-face, over the telephone, and/or through an interpreter.”.
  6. In paragraph 19.1— a) at the end of sub-paragraph (6), omit “and”; b) at the end of sub-paragraph (7), for the full stop substitute “; and”; and c) after sub-paragraph (7) insert—

“(8) be drafted in the witness’s own language.”.

  1. In paragraph 20.1, for “that he believes” substitute “in their own language that they believe”.
  2. In paragraph 20.2, in the wording of the statement of truth, at the end insert “I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”
  3. In the words in parentheses after paragraph 20.3, after “the document” insert “other than by reason of language alone”.
  4. For paragraph 23.2 substitute— “ 23.2 Where a witness statement is in a foreign language— (a) the party wishing to rely on it must— (i) have it translated; and (ii) file the foreign language witness statement with the court; and (b) the translator must sign the original statement and must certify that the translation is accurate.”. PRACTICE DIRECTION 44 – GENERAL RULES ABOUT COSTS
  5. In Paragraph 12.6, for “In proceedings to which rule 44.16 applies” substitute “In a case to which rule 44.16(1) or rule 44.16(2)(a) applies”. PRACTICE DIRECTION 51O – THE ELECTRONIC WORKING PILOT SCHEME
  6. In paragraph 1.1(1)(a), for “2020” substitute “2021”. PRACTICE DIRECTION 51R – ONLINE CIVIL MONEY CLAIMS PILOT
  1. In paragraph 27.1A, for “Training Rules” to “bodies)” substitute “Qualification Rules”. PRACTICE DIRECTION – PROCEEDINGS UNDER ENACTMENTS RELATING TO EQUALITY
  2. Paragraph 2 is renumbered as paragraph 2.1.
  3. After paragraph 2.1 (as renumbered) insert— “2.2 Notice under paragraph 2.1 should be sent either— (1) in hard copy, with the reference “commencement of proceedings”, to— The Commission for Equality and Human Rights Arndale House Arndale Centre Manchester M4 3AQ; or (2) by e-mail, to commencementofproceedings@equalityhumanrights.com. 2.3 In the event of non-compliance with the requirements of paragraphs 2.1 and 2.2— (1) the court will consider whether any order should be made or any step taken; but (2) any such order or step should not involve any sanction (including any stay, dismissal or striking out) or costs penalty or other costs order against the claimant.”.