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Procedure: 66th update to CPR. 1 October 2013

The MoJ has published the 66th Update to the CPR and practice directions which will come into effect on 1 October. The majority of the changes are to correct cross-referencing, typographical and other small errors but there are a few changes to note.

Changes

  • Precedent Form H in Practice Direction 3E has been substituted for a new form H - this came into force on 1 September. The most significant change is that court fees have been removed from the exclusions from the estimate listed on page 1. The “Contingent Costs C” line on the first page has also been removed.

  • More detail has been provided on the costs allowed on provisional assessment. CPR r.47.15(5) is amended to make it clear that the cost of drawing the bill, VAT and any court fees can be awarded in addition to the fixed sum of £1,500.

  • Consequential amendments to various parts of the CPR following the introduction Jackson reforms on 1 April 2013.

  • PD 15 has been amended to clarify in paragraph 3.2A that the deadline for filing a defence to counterclaim may be extended by the court to correspond with the date for filing the directions questionnaire where that date is more than 14 days after the notice of allocation is deemed served for small claim track cases and 28 days for fast track and multi-track cases in accordance with CPR 26.3(6)(b).

  • PD 29 (The multi-track) has been amended to include a new paragraph 4.6 drawing attention to CPR 29.4 which requires parties to endeavour to agree directions and to submit them within a specified time.

  • PD 52C - changes are made to the rules on skeleton arguments and the lodging of documents in the Court of Appeal.

For further information please contact:

Fiona James, Director, Professional Support Lawyer on 0191 233 5220 or at fiona.james@dwf.co.uk

Alex Fusco, Associate, Professional Support Lawyer on 0161 603 5211 or at alex.fusco@dwf.co.uk

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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