Change is good, but it’s not always easy
25/02/2022It has been announced that the Civil Procedure (Amendment) Rules 2022 and the 140th Practice Direction Update enter into force on 6 April 2022.
The changes include the following:
- The word ‘new’ being removed from CPR 1.1, since the Rules are now more than two decades old
- An increase to the Small Claims Track limit for non-RTA personal injury claims, from £1000 to £1500. The declaration in the pleadings for claims started in the County Court must now state whether or not the Claimant expects to recover more than £1500 for pain, suffering and loss of amenity (if applicable)
- Consequently, the entries for costs thresholds in the fixed costs tables at CPR 45.29E are amended to £1500
- Abolition of Practice Directions 10 and 12, and overhauled versions of Parts 10 and 12 which subsume the Practice Directions into the Rules:
- Part 10 concerns Acknowledgments of Service
- Part 12 concerns entering Default Judgment
- A tweak to the definition of ‘filing’ in rule 2.3(1) - in relation to supplying a document or information to the court, ‘filing’ means delivering the document or information, by post or otherwise, to the court office – the previous definition did not refer to ‘information’
- The electronic working pilot under PD 51O at the RCJ, the Rolls Building, the Business and Property Court District Registries and elsewhere has been re-extended by another 12 months, to continue until 6 April 2023. The pilot includes the ability to file Part 23 applications electronically
- In a further reflection of the shift towards electronic working, PD 23A paragraph 12.1 is amended to encourage the applicant to provide the court with a draft order ‘by electronic means if possible’. The reference to the draft being supplied ‘on disk’ is to be removed.
- It will now be possible for a solicitor to file a notice of change electronically via MyHMCTS
- The relatively new PD 1A regarding vulnerable parties or witnesses is refreshed, to include new reference to domestic abuse as a potential factor causing vulnerability, bringing the PD into line with the Domestic Abuse Act 2021
- Part 65, which covers Anti-Social Behaviour and Harassment proceedings, is amended to incorporate a greater emphasis on making the respondent aware of their entitlement to a “reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test”